CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises: a. To name the Building and Project and to change the name or street address of the Building or Project; b. To install and maintain all signs on the exterior and interior of the Building and Project; c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes; d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
Appears in 4 contracts
Samples: Office Building Lease (Photon Dynamics Inc), Lease Agreement (Air Methods Corp), Office Building Lease (Augment Systems Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant except as otherwise set forth herein, and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and Project to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and to change the name or street address of the Building or Project;usable.
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on After reasonable prior written notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to Landlord shall show the Premises to prospective tenants thereof; at reasonable times and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
e. c. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
d. After reasonable prior written notice to Tenant, Landlord shall enter the Premises for at any reasonable time to inspect the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryPremises.
Appears in 4 contracts
Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rightsrights (but not obligations), exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the Premises, and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
a. (i) To name the Building and Project and to change the Building’s name or street address upon not less than one hundred eighty (180) days prior written notice, in which event, Landlord shall reimburse Tenant for all of Tenant’s costs of the Building type reasonably and customarily incurred by a tenant in connection with changing such name or Project;address on Tenant’s stationary and other office supplies.
b. (ii) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;(other than within the Premises).
c. To have pass keys (iii) Provided that reasonable access to the Premises shall be maintained and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenantbusiness of Tenant shall not be interfered with or disrupted unreasonably, to inspect rearrange, relocate, enlarge, reduce, close or change corridors, elevators, stairs, lavatories, doors, lobbies, exits or entrances in or to the Building and to decorate and to make repairs, alterations, additions and improvements, structural or otherwise, in or to the Building or any part thereof, including the Premises, and to show may erect scaffolding and other structures reasonably required by the Premises to any prospective purchaser or mortgagee character of the Project, or work to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlordbe performed, and during such operations may upon reasonable notice enter upon the last six months Premises and take into and upon or through any part of the TermBuilding, including the Premises, all materials that may be required to make such repairs, alterations, improvements, or additions, and in that connection Landlord may temporarily close public entry ways, other public spaces, stairways, corridors or connecting structures and interrupt or temporarily suspend any services or facilities agreed to be furnished by Landlord all, subject to the provisions of this clause, without the same constituting an eviction of Tenant in whole or in part, and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise, and without in any manner rendering Landlord liable for damages or relieving Tenant from performance of Tenant’s obligations under this Lease. Landlord may at its option make any repairs, alterations, improvements and additions in and about the Building and upon reasonable notice in or about the Premises during ordinary business hours and, if Tenant desires to have such work done during other than business hours, Tenant shall pay all overtime and additional expenses resulting therefrom. Landlord’s entry into the Premises shall be accomplished in a manner to minimize interference with the Tenant’s business but such commitment shall not require Landlord to perform such work during other than ordinary business hours.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises and Tenant shall be obligated should it elect to change the manner in which its Premises are secured to provide Landlord with duplicates of keys, entry cards and with combinations or passwords necessary to allow Landlord and those furnishing services to the Premises in accordance with the terms and conditions of this Lease to access the Premises for such purposes as may be permitted under this Lease. Upon the expiration of the Term or of Tenant’s right of possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To approve all window coverings used in the Building which approval shall not be unreasonably withheld, conditioned or delayed, it being understood that window coverings which are visible from outside the Premises may be subject to a standard of uniformity imposed by the Landlord in its reasonable discretion.
(vi) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Movement of Tenant’s property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or the Premises.
(vii) To establish reasonable security policies and other controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building both during and after normal office hours, provided such policies and other controls do not unreasonably interfere with Tenant’s security system and security protocol set forth herein. Without limiting the generality of the foregoing, Landlord may require all persons entering or leaving the Building during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or otherwise in accordance with Building security controls, and to establish their right to enter or leave in accordance with the provisions of applicable rules and regulations adopted by Landlord. Landlord shall not be liable in damages for any error with respect to exclusion from the Building of any person. In case of fire, casualty, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right, in its reasonable discretion, to limit or prevent access to the Building during the continuance of the same, shut down elevator service, activate elevator emergency controls or otherwise take such action or preventive measures deemed reasonably necessary by Landlord for the safety or security of the tenants or other occupants of the Building or the protection of the Building and the property in the Building. Tenant agrees to cooperate with any reasonable safety or security program developed by Landlord.
(viii) To reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants thereof; at reasonable times in the last eighteen (18) months of the Term (as the same may have been extended as set forth in ARTICLE 41), and, if vacated or abandoned, to show the Premises at any time, and to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy.
e. (x) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
(xi) To enter the Premises at any reasonable time to inspect the Premises upon twenty-four (24) hours prior written, telephone or fax notice to Tenant except in an emergency, for the purpose of inspecting or making inspections, repairs, alterations, additions or improvements repairs to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system)responding to any emergency condition, and Landlord shall also have the right to take make access available at all steps as may be necessary or desirable for the safetyreasonable hours, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order upon twenty-four (24) hours prior written notice to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (Tenant except in an emergency, to prospective or existing mortgagees, purchasers or tenants of all or any part of the Property.
(xii) To grant to minimize interference with Tenant's any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Premises Building. If Landlord elects to make available to tenants in the course of Building any services or supplies, or arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such entrycontract, provided that the charges therefor are reasonable.
Appears in 4 contracts
Samples: Office Lease (Wayfair Inc.), Office Lease (Wayfair Inc.), Office Lease (Wayfair LLC)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (a) damage or injury to property, person person, or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's ’s use or possession of the Premises:
a. (a) To name the Building and Project and to change the name or street address of the Building or Project;
b. (b) To install and maintain all signs on the exterior and interior of the Building and Project;
c. (c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant's ’s vaults and safessafes which shall be utilized only after providing advance notice to Tenant of such intention;
d. (d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To (e) With reasonable prior notice to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's ’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityauthorities. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's ’s business in the Premises in the course of any such entryentry Because of the confidential and proprietary nature of the Tenant’s business, at the Tenant’s sole discretion Tenant may require completion of a Confidentiality and Non-Disclosure Agreement prior to granting access to an individual.
Appears in 3 contracts
Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claim:
a. (a) To name the Building and Project and to change the Building’s name or street address of the Building or Project;address.
b. (b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building.
(c) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the configuration of the common area), in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities.
(d) To furnish door keys for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Txxxxx agrees to purchase only from Landlord or Landlord’s designee, additional duplicate keys as required, to change no locks, and to affix no locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Lxxxxxxx’s access to Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage. Upon the expiration of the Term or of Lxxxxx’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(e) To designate and approve all window coverings used in the Building.
(f) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Tenant’s movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
c. (g) To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours.
(h) To regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and all doors within the Premises, excluding Tenant's vaults to avoid congestion of receiving areas and safes;freight elevators.
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to (i) To show the Premises to any lenders, purchasers and investors at reasonable hours and to prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and tenants at reasonable hours during the last six twelve months of the TermTerm and, if vacated or abandoned, to show the Premises at any time and to prospective tenants thereof; andprepare the Premises for re-occupancy.
e. (j) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
(k) To enter the Premises at any reasonable time to inspect the Premises.
(l) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building any services or supplies, or arranges a master contract therefor, Txxxxx agrees to obtain its requirements, if any, therefore from Landlord or under any such contact, provided that the charges therefor are reasonable.
(m) To prescribe the location and style of the suite number and identification sign or lettering for the purpose of making inspectionsPremises.
(n) To grant to anyone the right to conduct any business or render any service in the Building, repairs, alterations, additions whether or improvements not it is the same as or similar to the Premises use expressly permitted to Tenant by Paragraph 5 hereof.
(o) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time reasonably determine to identify themselves to security personnel by registration or balancing controls and other parts of the HVAC system)otherwise in accordance with Building security controls, and to take all steps as may be necessary establish their right to enter or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or leave in order accordance with Exhibit D attached to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrythis Lease.
Appears in 3 contracts
Samples: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability to Tenant for : (ai) damage or injury to property, person or business, upon at least 24 hours’ prior written notice (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior email notice to Tenantbeing acceptable), to inspect the Premisesperform maintenance and repairs, and to show the Premises to any prospective purchaser make inspections, alterations, additions, changes or mortgagee of improvements, whether structural or otherwise, in and about the Project, or any part thereof; to enter upon the Premises (after giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) for any assignee of the foregoing purposes and, during the performance of any mortgage on such work therein, to temporarily close doors, lobbies, public space and corridors in the ProjectBuilding; (iii) upon at least 24 hours’ prior written notice (email notice being acceptable), to interrupt or temporarily suspend Building services and facilities as reasonably necessary; (iv) to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building; (v) to take such reasonable access control measures as Landlord deems advisable; provided, however, that any such access control measures are for Landlord’s own protection, and Tenant acknowledges that Landlord is not a guarantor of the security or safety of any Tenant Party or of Tenant’s personal property, and that all such security matters are the sole responsibility of Tenant; (vi) to require the evacuation of the Building for cause, suspected cause, or for drill purposes; (vii) to others having an interest in temporarily deny access to the Project Building and to close the Building after Normal Business Hours and on Saturdays, Sundays and Holidays, subject, however, to Tenant’s right to enter when the Building is closed after Normal Business Hours pursuant to such reasonable rules and regulations as Landlord may prescribe from time to time; (viii) to enter the Premises at all reasonable hours to perform Landlord’s repair and maintenance obligations under this Lease or Landlordto perform environmental testing; (ix) upon at least 24 hours’ prior written notice (email notice being acceptable), and during to enter the last six months of the Term, Premises at all reasonable hours to show the Premises to prospective tenants thereofpurchasers or lenders; and
e. To (x) at any time during the last six (6) months of the Term or at any time following the occurrence of an Event of Default, to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at all reasonable hours to show the Premises or to prospective tenants; and (xi) to change the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts name and/or street address of the HVAC system)Building. In conducting the foregoing activities, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to shall use its best commercially reasonable efforts (except in an emergency) to minimize interference with Tenant's ’s business in operations and access to the Premises and parking areas. With respect to all of the foregoing, Landlord shall retain a key for all of the doors for the Premises, excluding Tenant’s vaults, safes and files. Landlord shall have the right to use any and all means to open the doors to the Premises in an emergency in order to obtain entry thereto without liability to Tenant therefor. Any entry to the course Premises by Landlord by any of the foregoing means, or otherwise, in conformance with this Section 22, shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises, or an eviction, partial eviction or constructive eviction of Tenant from the Premises or any such entryportion thereof, and shall not relieve Tenant of its obligations hereunder.
Appears in 2 contracts
Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. In addition to Landlord's rights under the Building Rules and Regulations attached hereto as Exhibit "A", Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for set-off or abatement of the Premisesrent:
a. (a) To name the Building and Project and to change the Building's name or street address of the Building or Projectaddress;
b. (b) To install install, affix and maintain any and all signs on the exterior and interior of the Building and ProjectBuilding;
c. (c) To have pass keys enter upon the Building at reasonable hours to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to exercise its rights hereunder or inspect the Premises, and same or to show the Premises Building to any prospective purchaser lenders or mortgagee of the Projectpurchasers, or to any assignee of any mortgage on the Projectand, or to others having an interest in the Project or Landlord, and during the last six twelve (12) months of the Lease Term, to show the Premises them to prospective tenants thereof; at reasonable hours and, if they are vacated, to prepare them for reoccupancy;
e. (d) To enter retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises for the purpose of making inspections, Building;
(e) To decorate and to make repairs, alterations, additions additions, changes or improvements improvements, whether structural or otherwise, in and about the Building, or any other part thereof, without any obligation to the Premises or do so, and for such purposes to enter upon the Building and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building;
(includingf) To interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, without limitationdoors and doorways, checkingcorridors, calibratingelevators, adjusting stairs, toilets or balancing controls and other public parts of the HVAC system)Building, and all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as access to the Building is not unreasonably restricted;
(g) To take all steps such reasonable measures as Landlord may be necessary or desirable deem advisable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement security of the Building and its occupants. Notwithstanding the foregoing, Landlord shall not be obligated to provide any security measures and Landlord shall not be liable to Tenant or Tenant's employees, customers or invitees for any damage, cost or expense which occurs for any reason in order the event any provided security measure is not properly installed, monitored or maintained or any such service is not properly provided, nor shall Landlord be liable to comply with lawsTenant or Tenant's employees, orders customers or requirements of governmental invitees for any damage or loss caused by theft, burglary, assault, vandalism or any other authoritycrime. Landlord agrees strongly encourages Tenant to use its best efforts (except in an emergency) to minimize interference with secure Tenant's business own insurance in excess of the Premises amounts required elsewhere in this Lease and/or to provide Tenant's own security measures to protect against the course of any above occurrences if Tenant desires additional coverage for such entryrisks.
Appears in 2 contracts
Samples: Office Building Lease (Allstar Systems Inc), Office Building Lease (I Sector Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Provided that the exercise of such rights does not unreasonably interfere with Tenant's use, occupancy and quiet enjoyment of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury To decorate and to propertymake inspections, person or businessrepairs, (b) causing an actual or constructive eviction from the Premisesalterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises (cafter giving Tenant reasonable advance notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) disturbing Tenant's use and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or possession temporarily suspend Building services and facilities; to change the name of the Premises:
a. To name the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
b. (b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;
c. To have pass keys its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Premises Building; and all doors within closing the PremisesBuilding after Business Hours and on weekends and holidays, excluding subject, however, to Tenant's vaults and safes;right to enter when the Building is closed after Business Hours under such reasonable regulations as Landlord may prescribe from time to time; and
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show (c) To enter the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, at reasonable hours to show the Premises to prospective tenants thereof; and
e. To enter purchasers, lenders, or, during the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building last twelve (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts 12) months of the HVAC system)Term, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrytenants.
Appears in 2 contracts
Samples: Lease Agreement (Eresearchtechnology Inc), Lease Agreement (Premier Research Worldwide LTD)
CERTAIN RIGHTS RESERVED BY LANDLORD. 15.1 Landlord reserves the following rights, exercisable without liability to Tenant for (a1) damage or injury to property, person or business, (b2) causing an actual or constructive eviction from the Premises, or (c3) disturbing Tenant's ’s use or possession of the Premises:
a. (a) To name the Building and Project and to change the name or street address of the Building; provided, however, Landlord shall promptly reimburse Tenant for any reasonable expenses incurred by Tenant in changing its stationery and business cards, not to exceed $2,000; and provided further, that so long as Tenant leases fifty percent (50%) or more of the Rentable Square Feet of the Building, the name of the Building or Projectshall be “Avalara Hawk Tower” and Landlord may not change it;
b. To (b) Except as otherwise provided in Article 36, to install and maintain all signs on the exterior and interior of the Building and Project, but not within the Premises;
c. (c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant's ’s vaults and safes;
d. (d) At any time during the Term, and on reasonable prior 24 hours advance notice to Tenant, (i) to inspect the Premises, and (ii) to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, (iii) to show the Premises to prospective tenants thereof; and
e. (e) To enter the Premises at reasonable times and upon 24 hours advance notice (except in the event of emergency) for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable desirable, in the Landlord’s reasonable discretion, for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's ’s interest therein, or as may be necessary or desirable desirable, in the Landlord’s reasonable discretion, for the operation or improvement of the Building or in order to comply with laws, orders or requirements of any governmental authority. When entering or performing any repair or other authority. work in the Premises, Landlord, its agents, employees and/or contractors: (a) shall identify themselves to Tenant’s personnel immediately upon entering the Premises, and (b) shall not, in any material way, affect, interrupt or interfere with Tenant’s use, business or operations on the Premises or obstruct the visibility of, or access to, the Premises.
15.2 Landlord agrees to use its best efforts (except in an emergency) to minimize any interference with Tenant's ’s business in the Premises in the course of any such entryentry conducted pursuant to this Lease. Notwithstanding anything contained herein to the contrary, Landlord’s, its agents’, employees’ or contractors’ entry onto the Premises, or any repair or work performed thereon, shall not in any way materially or unreasonably affect or interrupt with Tenant’s use, business or operations on the Premises or obstruct the ingress and egress to or the visibility of Tenant’s exterior signage.
Appears in 2 contracts
Samples: Office Building Lease, Office Building Lease (Avalara Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (ai) damage or injury to property, person or business, (bii) causing an actual or constructive eviction from the Premises, or (ciii) disturbing Tenant's use or possession of the Premises:
a. (a) To name the Building and Project and to change the name or street address of the Building or Project;
b. (b) To install and maintain all signs on the exterior and interior of the Building and Project;and
c. (c) To have pass keys passkeys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. (d) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six nine (9) months of the Term, to show the Premises to prospective tenants thereof; and;
e. (e) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC HYAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
Appears in 2 contracts
Samples: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for Set-off or abatement of Rent:
(a) To decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or any part thereof, and for such purposes to enter upon the Premises, the Building or other parts of the Park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises:
a. To name , the Building or other parts of the Park, to store materials in the Premises, to interrupt or temporarily suspend Building services and Project facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
(b) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(d) To take all such reasonable measures as Landlord may deem advisable for the security of the Building or Project;
b. To install Property and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to use its best efforts (except in an emergency) to minimize interference with Tenant's business in right to admittance when the Premises in Building is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the course of any Building, whether or not during Customary Business Hours, use a pass key, or identify themselves to a security officer by registration or otherwise and that such entrypersons establish their right to enter or leave the Building.
Appears in 2 contracts
Samples: Office Building Lease Agreement (Imergent Inc), Office Building Lease Agreement (Aradyme Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable with notice (unless an emergency) and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness (unless due to Landlord’s gross negligence or willful misconduct) and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession or giving rise to any claim for setoff or abatement of the PremisesRent, unless otherwise set forth herein:
a. (a) To name maintain the Property, Building and Project Premises in the manner provided in this Lease, including, but not limited to decorating, making repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Property, or any part thereof, and for such purposes, following reasonable written notice, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and such actions do not materially and substantially interfere with Tenant’s normal business operations.
(b) To have and retain a paramount title to the Premises, subject to this Lease, free and clear of any act of Tenant, other than this Lease, purporting to burden or encumber them.
(c) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein not violate the Rules and Regulations.
(d) To have access for Landlord and other tenants of the Building to any mail chutes or Project;
b. To install and maintain all signs mail receptacles located on the exterior and interior Premises according to the rules of the Building and Project;United States Postal Service.
c. (e) To have pass keys to take all such reasonable measures as Landlord may deem advisable for the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectProperty and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts the evacuation of the HVAC system)Building for cause, suspected cause, or for drill purposes, the temporary denial of access to the Building, and the closing of the Building after normal business hours and on Saturdays, Sunday and Holidays, subject, however, to take all steps Tenant’s right to admittance when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building.
(f) Notwithstanding contrary provisions of this paragraph 34, Landlord agrees that at Tenant’s request, it shall grant such easements as may be necessary or desirable for the safety, protection, maintenance or preservation of reasonably required to permit connection to the Premises by any phone or the Building or Landlord's interest thereindata service provider contracted for by Tenant, or as may be necessary or desirable for the operation or improvement of the Building or provided Landlord shall bear no cost in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryfulfilling this obligation.
Appears in 2 contracts
Samples: Office Building Lease Agreement, Office Building Lease Agreement (Rackspace Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises, nor giving rise to any claim for setoff or abatement or Rent or affecting any of Tenant's obligations under this Lease:
a. (a) To name decorate (other than elevator lobbies on the full floors occupied by Tenant which shall be solely determined by and shall be the responsibility of Tenant) and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the same constituting an eviction of Tenant in whole or in part and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease; provided, however, that reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name or and street address of the Building (but not the suite number(s) of the Premises); and to change the arrangement and location of entrances or Projectpassageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building, in which event Landlord will reimburse Tenant for the cost of replacing its stationary in an amount not to exceed Five Thousand and 00/100 Dollars ($5,000.00);
b. (c) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Projectits occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building for safety or other commercially reasonable measures; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on (d) Upon reasonable prior oral notice to Tenant, to inspect the Premises, and to show enter the Premises to during reasonable business hours (i) at any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and time during the last six months of the Term, Term to show the Premises to prospective tenants thereof; and
e. To enter purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.Premises;
Appears in 2 contracts
Samples: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Except to the extent expressly limited herein, Landlord reserves full rights to control the Property, including but not limited to the following rights, exercisable without notice (except as expressly provided below in this Section) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
a. (a) To name the Building and Project and to change the name or street address of the Building or Projectthe Property;
b. (b) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building, and Projectto prescribe the location and style of the identification sign (including ground mounted sign with panels, if any), logo and/or lettering for the Premises occupied by the Tenant;
c. (c) To have pass keys designate and/or approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Premises;
(d) To show the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time to prospective tenants at reasonable hours during the Termlast twelve (12) months of the Term and, and on reasonable prior notice to Tenantif vacated during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any current and prospective purchaser or mortgagee insurers, brokers, purchasers and lenders of the ProjectBuilding at reasonable hours upon reasonable prior verbal notice at any time during the Term;
(e) To retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. No locks shall be changed without the prior written consent of Landlord;
(f) To decorate or maintain or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Property or the Building, or any part of any thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts upon reasonable prior verbal notice (except in an emergency) to minimize interference with Tenant's business , in which case no notice shall be necessary), and, during the Premises in the course continuance of any such entrywork, to take into and upon or through the Premises all materials required to make such decorations, repairs, maintenance, alterations or improvements, to erect scaffolding and other structures as may be reasonably required, to close roads, drives, doors, entryways, public space and corridors in the Property or the Building on a temporary basis, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible;
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) To grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein;
(i) To approve the location of fixtures, equipment and other articles of personal property in and about the Premises and the Building so as not to exceed the legal live load;
(j) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant and its employees;
(k) To issue rules and regulations, from time to time, governing the use of the Parking Areas (as defined below); and
(l) To limit or prevent access to the Property or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof.
Appears in 1 contract
Samples: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury To decorate and to propertymake inspections, person or businessrepairs, (b) causing an actual or constructive eviction from the Premisesalterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises (cafter giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) disturbing Tenant's use and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or possession temporarily suspend Building services and facilities; to change the name of the Premises:
a. To name the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or Project;Building; Landlord will take all reasonable precautions to limit the interference it may cause the Tenant’s business. Tenant shall receive a rent abatement for work being done within the Premises resulting in interference to Tenant’s business operation and the interference last longer than five business days. The abatement will only be for the portion of space the Landlord is interfering with.
b. (b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;
c. To have pass keys its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Premises Building; and all doors within closing the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, Building after normal business hours and on reasonable prior notice Sundays and holidays, subject, however, to Tenant, ’s right to inspect enter when the Premises, and Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to show time; and
(c) To enter the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, at reasonable hours with reasonable notice to show the Premises to prospective tenants thereof; and
e. To enter purchasers, lenders, insurance companies, contractors and others required to tour the building in the normal course of business operations for a building. During the last twelve (12) months of the Term of the Lease, Landlord may show the Premises for to prospective tenants. The Landlord may also show the purpose premises at anytime if the Tenant is in Default of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrythis Lease.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises, nor giving rise to any claim for setoff or abatement or Rent or affecting any of Tenant's obligations under this Lease:
a. (a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the same constituting an eviction of Tenant in whole or in part and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease; provided, however, that reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or Projectfor drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
b. (d) Upon prior oral notice to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the "RELOCATION SPACE") which is comparable in size, utility and condition to the Premises and which is situated on the west side of the Building and not lower than the tenth (10th) floor of the Building. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for (i) Tenant's reasonable out-of-pocket expenses directly related to Tenant's move to the Relocation Space, and (ii) Tenant's stationary costs not to exceed Five Thousand and 00/100 Dollars ($5,000.00). Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant's name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
c. (h) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At (j) To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
e. (l) To enter the Premises after advance notice to Tenant (except that no such notice shall be required in the event of an emergency) at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including and supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease;
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order the Building. Tenant agrees to comply with lawscooperate in any reasonable safety program developed by Landlord; and
(n) From time to time to make and adopt such reasonable rules and regulations uniformly applied, orders or requirements of governmental in addition to or other authority. than or by way of amendment or modification of the rules and regulations contained in EXHIBIT B attached to this Lease or other sections of this Lease, for the protection and welfare of the Building, its tenants and occupants, as Landlord may reasonably determine, and Tenant agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any abide by all such entryrules and regulations.
Appears in 1 contract
Samples: Lease Agreement (Hotjobs Com LTD)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent and any other claim:
a. 21.1 To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. 21.2 To install install, affix and maintain any and all signs on the exterior and on the interior of the Building.
21.3 To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the location or configuration of the common areas), in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, upon five (5) days' prior notice (except in an emergency), and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
21.4 To furnish door keys or other entry device for the entry door(s) in the Premises at the commencement of the Term and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord or Landlord's designee additional duplicate keys as required, to change no locks, and to affix no locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord's access to Premises, Tenant relieves and releases the Landlord of all responsibility to Tenant arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or of Lessee's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
21.5 To designate and approve all window coverings used in the Building.
21.6 To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Tenant's movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
c. 21.7 To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours.
21.8 To regulate delivery and service of supplies in order to maintain the cleanliness and security of the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, Building and to show the Premises to any prospective purchaser or mortgagee avoid congestion of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
21.9 To show the Premises to prospective tenants thereof; with prior verbal notice at reasonable hours during the last twelve months of the Term and, if the Premises have been vacated or abandoned, to show the Premises at any time to prospective tenants with prior verbal notice (if Tenant has left a notice address).
e. 21.10 To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, provided such pipes, ducts, wiring and conduits do not materially and adversely affect the use of the Premises or are unnecessarily obtrusive.
21.11 To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at any reasonable time to inspect the Premises after reasonable notice to Tenant.
21.12 To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building (including, without limitation, checking, calibrating, adjusting any services or balancing controls and other parts of supplies in connection with the HVAC system), and to take all steps as may be necessary or desirable for the safety, protectionoperation, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement repair of the Building or in order to comply with lawsthe Systems and Equipment, orders or requirements of governmental or other authority. Landlord arranges a master contract therefor, Tenant agrees to use obtain its best efforts (except in an emergency) requirements, if any, therefor from Landlord or under any such contact, provided that the charges therefor are reasonable. Notwithstanding the foregoing, if Landlord retains ABMI, Inc. to minimize interference provide services to the Building, so long as such company is affiliated with a major competitor of Tenant, Tenant shall have the right to exclude such company from the Premises by notice to Landlord, which notice shall contain Tenant's business in agreement to provide such services to the Premises in the course of any such entryat its sole cost and expense.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
f. Tenant shall be entitled to have his employee or representative accompany Landlord during any inspection or entry described in sub-section d. or e. above, provided that if Tenant does not designate such person within a reasonable time, Landlord shall not be subject to this obligation, and further provided that this obligation shall not be applicable in the event of an emergency.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord hereby expressly reserves the following rightsrights set forth in the Subsections of this Section 43. Such rights shall be exercisable (a) without notice, exercisable (b) without liability to Tenant for (a) damage or injury to property, person persons, or business, (bc) causing an without effecting a constructive or actual eviction of Tenant or constructive eviction from the Premisesdisturbance of Tenant's use, possession, or (c) disturbing Tenant's use or possession enjoyment of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the its Premises, and to show the Premises (d) without giving rise to any prospective purchaser claim for setoff or mortgagee abatement of the Project, or to any assignee rent. The enumeration of any mortgage on the Project, or to others having an interest such rights of Landlord in the Project or following Subsections is not intended to limit any other rights of Landlord, whether expressed or implied, at law or under other provisions of this Lease.
43.1 Landlord shall have the right to decorate and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, changes, and/or improvements, whether structural or improvements to the Premises or otherwise, in and about the Building (and elsewhere in the Facility, including, without limitation, checkingconstruction of additional buildings or other new improvements and changes in the location, calibratingsize, adjusting or balancing controls and other parts of the HVAC system)shape, and to take all steps as number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, sidewalks, and walkways. For such purposes Landlord may be necessary or desirable for the safety, protection, maintenance or preservation of enter upon the Premises or and, during the continuance of any such work, temporarily close doors, entryways, public space and corridors in the Building or Landlord's interest thereinelsewhere in the Facility, to interrupt or temporarily suspend building services and facilities and to change the arrangement and location of entrances, or as may be necessary passageways, doors and doorways, corridors, elevators, stairs, toilets, or desirable for the operation or improvement other public parts of the Building or in order to comply with lawsFacility, orders or requirements all without abatement of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with rent and without affecting any of Tenant's business obligations hereunder, except as otherwise expressly provided in this Lease (e.g., Subsections 21.2 and 23.6).
43.2 Landlord shall have the Premises in right to designate additional land outside the course current boundaries of the Facility to be a part of the Common Areas.
43.3 Landlord shall have the right to take all such reasonable measures as Landlord may deem advisable for the security of the Building or the Facility and their occupants, including, without limitation, the search or any such entry.person entering or leaving the Building, the evacuation of the Building (or any part thereof) for cause, suspected cause, or for drill purposes,
Appears in 1 contract
Samples: Lease Agreement (Virage Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves and may exercise the following rights, exercisable rights without liability to Tenant for affecting Tenant’s obligations hereunder:
(a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or ProjectBuilding;
b. To (b) to install and maintain all a sign or signs on the interior or exterior of the Building;
(c) to have access for Landlord and interior other tenants of the Building and Projectto any mail chutes located on the Premises according to the rules of the United States Post Office;
c. To have (d) to designate all sources furnishing sign painting and lettering, drinking water, towels, coffee service, and toilet supplies, lamps and bulbs used on the Premises;
(e) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy if Tenant vacates the Premises prior to the expiration of the Term;
(f) to retain at all time pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At (g) to grant to anyone the exclusive right to conduct any time during particular business or undertaking in the Term, and on reasonable prior notice Building;
(h) to Tenant, to inspect the Premises, and to show exhibit the Premises to any prospective purchaser others;
(i) to close the Building after regular working hours and on the legal holidays subject, however, to Tenant’s right to admittance, under such reasonable regulations as Landlord may prescribe from time to time, which may include by way of example but not of limitation, that persons entering or mortgagee leaving the Building identify themselves to a watchman by registration or otherwise and that said persons establish their right to enter or leave the Building;
(j) to approve the weight, size and location of safes or other heavy equipment or articles, which articles may be moved in, about, or out of the ProjectBuilding or Premises only at such times and in such manner as Landlord shall direct and in all events, or however, at Tenant’s sole risk and responsibility;
(k) to take any assignee of any mortgage on the Projectand all measures, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making including inspections, repairs, alterations, decorations, additions or and improvements to the Premises or the Building (includingBuilding, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance protection or preservation of the Premises Premises, the Building, or the Building or Landlord's interest thereinProperty, or as may be necessary or desirable for in the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityBuilding. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in may enter upon the Premises and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in the course any manner to Tenant and without abatement of rent or affecting any such entryof Tenant’s obligations hereunder.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Subject to Landlord’s obligations and Tenant’s rights set forth in Article 11 hereof, Landlord reserves shall have the following rights, exercisable without notice (except with respect to subsections A, B, D-F, I and J, which shall require at least ten (10) business days’ notice to Tenant), without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises or giving rise to any claim for set-off, abatement of Rent or otherwise:
a. A. To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. B. To install affix, maintain and maintain remove any and all signs on the exterior and interior of the Building; provided, that Landlord shall not remove signage permitted under Section 39 of this Lease without Tenant’s prior written consent, which may be granted or denied in Tenant’s sole discretion.
C. To designate and approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that may be visible from the exterior of the Premises or the Building.
D. To decorate and make repairs, alterations, additions and improvements, whether structural or otherwise, in, to and about the Building and Project;any part thereof, and for such purposes to enter the Premises, and, during the continuance of any such work, to close temporarily doors, and entry ways in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting Tenant's obligations hereunder, as long as the Premises remain tenantable.
c. E. To have pass keys to alter, relocate, reconfigure, reduce and withdraw the Common Areas located outside the Building, including parking and access roads, as long as the Premises and all doors within the parking areas remain reasonably accessible.
F. To erect, use and maintain pipes and conduits in and through the Premises, excluding Tenant's vaults and safes;.
d. At any time during G. To construct improvements (including kiosks) on the Term, Land.
H. To prohibit smoking in the entire Building or portions thereof (including the Premises) and on reasonable prior notice the Land, so long as such prohibitions are in accordance with applicable Laws.
I. If any excavation or other substructure work shall be made or authorized to Tenantbe made upon land adjacent to the Building or the Land, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspectionsdoing such work as is required to preserve the walls of the Building and to preserve the land from injury or damage and to support such walls and land by proper foundations.
J. Notwithstanding anything contained herein to the contrary, repairsLandlord may at any time elect to alter, alterations, additions rehabilitate or improvements renovate all or any portion of the Building so long as such construction does not substantially and unreasonably interfere with Tenant’s access to the Premises or substantially and unreasonably interfere with Tenant’s use of the Premises. Tenant acknowledges that Landlord has the right to undertake major renovations (including work with respect to the exterior façade of the Building) with respect to the Building (includingand that Landlord may hereafter perform additional work, without limitationimprovements and renovations with respect to the Building. In connection with any such work, checkingimprovements and renovations, calibratingthe Landlord may erect scaffoldings, adjusting or balancing controls sidewalk bridges and other parts such appurtenances. Tenant agrees not to interfere with such work, improvements and renovations and further agrees that such work, improvements and renovations (and the construction appurtenances which Landlord may place at or near the Premises) performed in accordance with this Section 30.J. shall not constitute an eviction or constructive eviction of Tenant, in whole or in part, and the Base Rent and all other items of Additional Rent hereunder shall not axxxx while such work, improvements and renovations are being made by reason of loss or interruption of the HVAC system)business of Tenant or otherwise, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation nor shall Tenant have any claims against Landlord by reason of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authoritysuch work. Landlord agrees to use its best commercially reasonable efforts (except in an emergency) not to minimize interference interfere with the conduct of Tenant's ’s ordinary business operations in the Premises in during any access of the course of any such entryPremises by Landlord.
Appears in 1 contract
Samples: Deed of Lease (Novavax Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use or possession or giving rise to any claim for Set-off or abatement of Rent:
(ba) causing an actual To decorate and to make repairs, alterations, additions, changes or constructive eviction from improvements, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or (c) disturbing Tenant's use any part thereof, and for such purposes to enter upon the Premises, the Building or possession other parts of the Park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises:
a. To name , the Building or other parts of the Park, to store materials in the Premises, to interrupt or temporarily suspend Building services and Project facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible.
(b) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(d) To take all such reasonable measures as Landlord may deem advisable for the security of the Building or Project;
b. To install Property and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders and the closing of the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to Tenant’s right to admittance when the Building is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or requirements of governmental leaving the Building, whether or other authority. Landlord agrees not during Customary Business Hours, use a pass key, or identify themselves to use its best efforts (except in an emergency) a security officer by registration or otherwise and that such persons establish their right to minimize interference with Tenant's business in enter or leave the Premises in the course of any such entryBuilding.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Subject to the terms and conditions of this Lease (and in the event of any conflict or inconsistency between such rights and this Lease, this Lease shall control), Landlord reserves explicitly retains all rights, including, without limitation, the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof except as otherwise expressly set forth in this Lease, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set‑off or abatement of Rent or any other claim:
a. 17.1 To name enter the Premises at any time in case of an emergency; to enter the Premises at any reasonable time upon at least twenty- fours ' prior written notice to Tenant if Landlord shall so elect for making alterations, improvements or repairs to the Building required by this Lease, for permitting inspection of the Premises by persons authorized by Landlord or for any purpose in connection with the operation or maintenance or financing of the Building, provided that no entry into the manufacturing areas of the Premises shall be permitted at any time during the manufacturing process and Project and to no entry into the clean rooms in the Premises shall be permitted at any time.
17.2 To change the name or street address of the Building upon notice to Tenant; to give the Building and/or any portion thereof any name or Project;names that Landlord may choose and to change such name(s) from time to time at Landlord’s sole discretion; provided that Landlord shall not name the Building after any company or business.
b. 17.3 To install install, affix and maintain any and all signs on the exterior and on the interior of the Building.
17.4 To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, with respect to those affecting the Premises only to the extent required by this Lease, and for such purposes to enter upon the Premises (subject to the terms and conditions of this Lease regarding access and entry), and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Building and (as provided in Section 9.7) to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable.
17.5 To furnish a reasonable number of door keys or entry cards for the entry door(s) in the Building, to be furnished as and when requested by Tenant at no charge to Tenant, to the extent there is no direct entry into the Premises from outside the Building. Tenant agrees to change no locks, and not to affix locks on doors without the prior written consent of the Landlord. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. Tenant’s obligations under this Section 17.5 shall be subject to all governmental requirements and regulations and laws applicable to Tenant’s use and occupancy of the Premises.
17.6 To reasonably designate and approve all window coverings used in the Building.
17.7 To reasonably approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the load per square foot designated by the structural engineers for the Building (as same may be increased if Tenant structurally reinforces certain parts of the Premises or employs similar measures, each in a good and workmanlike manner), and to require all such items and furniture and similar items to be moved into or out of the Building and Project;
c. To have pass keys to the Premises only at such times and all doors within the Premises, excluding Tenant's vaults and safes;
d. At in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any time during the Term, and on reasonable prior notice mechanical devices of a nature not directly related to Tenant’s ordinary use, to inspect as limited by the PremisesPermitted Use, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require written authorization from Tenant, in order form and content satisfactory to comply with lawsLandlord, orders before allowing any property to be moved into or requirements out of governmental the Building or other authorityPremises. Landlord agrees The cost of repairing any damage to use its best efforts (except the Building caused by Tenant taking in an emergency) to minimize interference with Tenant's business or out of the Building furniture, safes or any articles and any damage caused while the same are in the Premises shall be paid by Tenant.
17.8 To regulate delivery of supplies and the usage of the loading docks, receiving areas and freight elevators in a reasonable manner consistent with the course of any such entryStandards, provided that Tenant shall be permitted to receive deliveries during Ordinary Business Hours.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant's obligations under this Lease:
a. (a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises with prior reasonable notice and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the same constituting an eviction of Tenant in whole or in part and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease, except as otherwise provided in Section 5.4; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building, and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building, but not those lying exclusively within the Premises;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; including evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
(d) Upon prior oral notice (which shall be given a reasonable amount of time in advance except for emergencies) to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant abandons the Premises;
(e) Upon prior written notice to Tenant, and limited to only one (1) occasion during the Term, to relocate Tenant within the Building to new space (the "Relocation Space") which is comparable in size, utility and condition to the Premises. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, Landlord will (i) cause the physical relocation move to occur in an evening or over a weekend but only between January 16 and October 31, (ii) give Tenant an allowance sufficient to cover Tenant's reasonable costs to reconstruct the Relocation Space to a standard substantially similar to the Premises on the date of the relocation, (iii) cause the Relocation Space to be located on the 11th floor of the Building or Projecthigher (so long as the Relocation Space is located on a floor with substantially the same functionality and useable square footage), (iv) pay all other reasonable out-of-pocket costs related to the relocation (i.e. stationary and printed material, computer and telephone relocation etc). Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
b. (f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant's name and such other listings reasonably required by Tenant;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
c. (h) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At (j) To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
e. (l) To enter the Premises at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease; and
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order to comply with laws, orders or requirements of governmental or other authoritythe Building. Landlord Tenant agrees to use its best efforts (except cooperate in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryreasonable safety program developed by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Coolsavings Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability notice except as otherwise set forth herein:
A. To change the street address for the Building; provided, however, that unless such change was governmentally mandated, Landlord shall reimburse Tenant for all reasonable costs incurred by Tenant for printing, mailing and other reasonable matters directly related to such change and Landlord shall provide Tenant with at least one hundred twenty (120) days prior notice of such change in the Building’s street address.
B. To approve, prior to installation, all window shades, blinds, drapes, and awnings and other similar equipment to be installed by Tenant that may be visible from the exterior of the Premises or the Building.
C. To grant to a tenant of the Building the exclusive right to conduct its business in the Building, so long as the same is consistent with the character of the Building, provided the Tenant is not thereby excluded from the uses expressly permitted herein; provided, however, that in no event shall Landlord grant such exclusive right to conduct business in the Building with respect to office space in the Building to more than four (4) tenants. Landlord hereby represents and warrants to Tenant for that, as of the date of this Lease, there is no other tenant that has been granted an exclusive right to conduct its business with respect to office space in the Building, but (a) damage or injury certain exclusive rights to propertyconduct a particular use in the retail space of the Building are in the process of being granted, person or businessand may in the future be granted, to retail tenants of the Building, and (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession leasing of the Premises:
a. To name space in the Building to GSA tenants has been and Project and to change will be prohibited in each lease for space in the name or street address of the Building or Project;Building.
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys D. Subject to the Premises terms of Section 11(a) and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on upon reasonable prior notice to Tenant, to inspect alter, relocate, reconfigure and reduce the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest Common Areas in the Project or LandlordBuilding in a non-material manner, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements so long as access to the Premises is not modified or inhibited (other than to a non-material extent) and there is no diminution of type and quality of amenities initially provided, except on a temporary basis and then only to a non-material extent.
E. Subject to the terms of Section 11(a) and upon reasonable prior notice to Tenant, to construct improvements on the Land and in the Common Areas outside the Building in a non-material manner, so long as access to the Premises is not modified or inhibited (includingother than to a non-material extent) and there is no diminution of type and quality of amenities initially provided, without limitation, checking, calibrating, adjusting or balancing controls except on a temporary basis and other parts of then only to a non-material extent.
F. To prohibit smoking in the HVAC systementire Building (including the Premises), and to take all steps so long as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or such prohibitions are in order to comply accordance with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryapplicable Laws.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant Tenant, for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement of rent if any other tenant occupies the building:
(a) Landlord may, at its option, decorate and make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the public areas and any subleased or assigned portions of the Premises:
a. To name the Building and Project and Premises not occupied by Tenant or subject to change the name repossession by Tenant under paragraph 9(c), ("Unoccupied Areas"), or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Termpart thereof, and on for such purposes, upon reasonable prior notice to Tenant, to inspect may enter upon the public areas or Unoccupied Areas of the Premises. During the continuance of any such work, Landlord may temporarily close doors or entryways in the public or unoccupied areas of the building, interrupt or temporarily suspend non-essential building services and facilities all without abatement of rent, except as otherwise provided herein, and without affecting any of Tenant's obligations hereunder, so long as the public areas of the Premises are reasonably accessible and reasonably tenantable.
(b) If Tenant subleases or assigns any portion of the Premises or if another tenant enters into occupancy of the Premises, Landlord may, upon reasonable notice to Tenant, (i) change the name by which the Premises is designated if Tenant occupies less than fifty one percent (51%) of the Premises; (ii) grant to anyone the exclusive right to conduct any business or render any service in or to the Unoccupied Areas of the Premises, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein; (iii) have access for Landlord and to show other tenants of the Premises to any prospective purchaser or mortgagee mail chutes located on the Premises according to the rules of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.United
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. A. Landlord reserves shall have the following rights, exercisable rights without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claims:
a. (1) To name the Building and Project and to change the name or street address of the Building or Project;
b. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building; except that there shall be no signs for retail or commercial tenants in the lobby of the office portion of the Building and, other than for a tenant then having 400,000 RSF or more under lease ("Large Tenant"), there shall be no sign on the exterior of the Building indicating the occupancy of any tenant in the Building without the approval of Tenant which it may reasonably withhold. If there shall be a sign proposed for a Large Tenant, Tenant shall have the right to approve:
(i) the installation of the sign and (ii) the text, location, size and style of such sign, such approvals not to be unreasonably withheld or delayed, and Tenant shall also have the right to equivalent signage. All Tenant's rights to approve under this subparagraph shall exist only so long as Tenant (including any Affiliate or Successor Entity) is not in default hereunder (beyond any applicable cure period) and occupies at least 400,000 RSF in the Building. Landlord hereby approves all Tenant signage existing as of the date hereof. Landlord shall have the right to approve (which approval not to be unreasonably withheld) all additional lobby or exterior signage proposed by Tenant and not existing as of the date hereof.
(2) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are accessible and usable and provided that Landlord shall use due diligence with respect thereto. Unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant's business operations and, except in the case of an emergency, Landlord shall make such repairs, alterations, or replacements during non- business hours;
(3) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys or magnetic cards to all doors within and into the Premises; provided that such system will permit the Landlord upon request of Tenant to cancel the effectiveness of the card held by any shareholder or employee or invitee of Tenant upon such person's departure from Tenant or for any other reason. Tenant agrees to purchase only from Landlord additional duplicate keys or magnetic cards as required (at Landlord's actual cost for such keys or magnetic cards), to change no locks or magnetic card readers, and not to affix locks or magnetic card readers on doors without the prior written consent of the Landlord not to be unreasonably withheld; provided that Landlord shall respond to Tenant's request for such consent with reasonable promptness. Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys or magnetic cards to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(4) To designate a building standard window covering for exclusive use throughout the Building;
(5) To approve the weight, size and location of safes, vaults, library shelving, file storage equipment and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord, not to be unreasonably withheld;
c. (6) To have pass keys establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant's vaults and safesBuilding after normal office hours;
d. At any time during (7) To reasonably regulate delivery and service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators;
(8) To show the Premises to prospective tenants thereof; within the final twelve (12) months of the Term (as the same may be extended), at reasonable times, and in a manner not to interfere with Tenant's use and enjoyment of the Premises and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy;
e. (9) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations that do not unreasonably interfere with Tenant's business;
(10) To enter the Premises at any reasonable time upon reasonable prior notice (except no notice shall be required in the case of emergency) to inspect the Premises;
(11) Only Landlord or one or more persons approved by Landlord will be permitted to furnish bootblacking and barbering. Landlord may fix the hours during which, and the regulations under which, such supplies and services are to be furnished. Landlord expressly reserves the right to act as, or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of said supplies and services, provided all such supplies and services shall be furnished on a basis which is reasonably competitive to that which would otherwise be directly available to Tenant; and Landlord furthermore expressly reserves the right to exclude from the Building any person attempting to furnish any of said supplies or services but not so designated by Landlord. Notwithstanding the foregoing, Tenant shall have the right to specify the vendors for other supplies and services for the purpose of making inspectionsPremises, repairssubject to Landlord's approval, alterationswhich approval shall not be unreasonably withheld or delayed;
(12) To close the Building after hours and on any day which is not a business day, additions or improvements subject, however, to Tenant's right to admittance to the Premises at any time under such reasonable regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting identify themselves to a watchman by registration or balancing controls otherwise and other parts of establish their right to enter or leave the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryBuilding.
Appears in 1 contract
Samples: Lease (Bcom3 Group Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Provided that the exercise of -------------------------------------- such rights does not unreasonably interfere with Tenant's occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury To decorate and to propertymake inspections, person or businessrepairs, (b) causing an actual or constructive eviction from the Premisesalterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises (cafter giving Tenant reasonable advance notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) disturbing Tenant's use and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or possession temporarily suspend Building services and facilities; to change the name of the Premises:
a. To name the Building and Project Building; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building Building, provided, however, that Landlord shall not close, obstruct or Projectotherwise change the location of the existing front and rear entrances to the Building;
b. (b) To install and maintain all signs on take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;
c. To have pass keys its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Premises Building; and all doors within closing the PremisesBuilding after Business Hours and on weekends and holidays, excluding subject, however, to Tenant's vaults and safes;right to enter when the Building is closed after Business Hours under such reasonable regulations as Landlord may prescribe from time to time; and
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show (c) To enter the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, at reasonable hours to show the Premises to prospective tenants thereof; and
e. To enter purchasers, lenders, or, during the Premises for last twelve (12) months of the purpose Term, tenants. In exercising any of making inspectionsLandlord's rights under this Lease, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitationbut not limited to it rights pursuant to this Section 20, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and Landlord agrees (1) not to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for unreasonably interfere with the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises, nor the ingress or egress or visibility therefrom, including any signage, (2) to diligently prosecute to completion any repairs, alterations, additions, or improvements within the Premises which Landlord is required or elects to perform pursuant to the terms of this Lease and performs such repairs in such a way as not to unreasonably interfere with Tenant's operation of its business in the course Premises, during Business Hours and in the presence of an authorized employee of Tenant (except in cases of real or apparent emergency, in which case no notice shall be required), and (3) to cause said work to be accomplished in as expeditious a manner as is reasonably practicable, and upon reasonable advance notice to Tenant(except in cases of real or apparent emergency, in which case no notice shall be required). Landlord shall promptly restore any such entrydamage to any portion of the Premises resulting from its exercise of its rights under this Lease, including, but not limited to those caused by any acts or omissions of Landlord, its agents, servants, employees or contractors.
Appears in 1 contract
Samples: Lease Agreement (Dset Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting any eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises or giving rise to any claim for compensation or for set-off, deduction, diminution or abatement of monthly Rent or other sums payable by Tenant hereunder:
a. To name the Building and Project and (1) to change upon ninety (90) days written notice to Tenant the name or street and/or address of the Building or Projectof the Office Campus;
b. To install (2) to approve all signage for the exterior or interior of the Building, to approve the location of said signage, and to install, affix and maintain any and all signs on the exterior and or interior of the Building and ProjectBuilding;
c. To have pass keys (3) to the Premises designate and approve, prior to installation, all doors within the Premisestypes of window shades, excluding Tenant's vaults blinds, drapes, awnings, window ventilators and safes;
d. At any time during the Term, and on reasonable prior notice to Tenantsimilar items, to inspect prohibit placement of items on window xxxxx or furniture in front of windows, which, in Landlord's reasonable judgment, adversely affect the Premisesexterior appearance of the Office Campus, and to show control all interior lighting that may be visible from the Premises to any prospective purchaser or mortgagee exterior of the Project, Office Campus;
(4) to decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Office Campus, or any part thereof, and for such purposes to enter the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, common or public spaces and corridors in the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take interrupt or temporarily suspend Building services and facilities, all steps without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible; and
(5) to retain absolute dominion and control over all common or public space within the Office Campus, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein, it being understood that all such areas that Tenant is permitted to use and occupy are to be used and occupied under a revocable license and Landlord may diminish such areas in size without being subject to any liability; and
(6) to close the Building after work hours or on legal holidays subject, however, to Tenant's right to admittance, under such reasonable regulations as Landlord may prescribe; and
(7) to establish identification and admittance procedures for the Building and Office Campus as may be necessary or desirable for the operational safety, protectionsecurity, maintenance efficiency or preservation of convenience; and
(8) to retain at all times passkeys or security codes to the Premises Premises; and
(9) to grant the exclusive right to conduct any particular business or service in the Building or Landlord's interest therein, or as may be necessary or desirable for on the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryOffice Campus.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability to Tenant for notice (aexcept as herein expressly provided) damage and without effecting an eviction, constructive or injury to propertyactual, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing of Tenant's use or ’s possession of the Premises:, giving rise to any claim for set-off or abatement of Rent and without being liable to Tenant (except insofar as same constitutes a breach of an express provision of this Lease or, subject to Section 10(C) hereof, involves the negligence or willful misconduct of Landlord or its agents or employees):
a. A. To name the Building and Project and to change the name or street address of the Building or Project;the Building’s street address after written notice to Tenant; provided that Landlord shall reimburse Tenant for the actual, reasonable, out-of-pocket costs of any stationary or printed materials that Tenant has on hand as of the date of any such change (not to exceed $5,000.00 in the aggregate).
b. B. To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
C. To reasonably approve, prior to installation, all types of window shades, blinds, drapes and Project;similar window coverings, which approval shall not be unreasonably withheld, conditioned or delayed.
c. D. To have pass keys reasonably approve, prior to installation, all internal lighting that may be visible from the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee exterior of the ProjectBuilding, which approval shall not be unreasonably withheld, conditioned or delayed.
E. To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, make alterations, additions or improvements improvements, structural or otherwise, in or to the Property or any part thereof (outside of the Premises), provided that access to, or Tenant’s use or occupancy of, the Premises or the Building is not materially and adversely affected thereby. In connection with such matters, or with any other repairs, maintenance, improvements or alterations, in or about the Property (outside of the Premises), Landlord may temporarily erect scaffolding and other structures reasonably required (provided that no such scaffolding or structures shall be permitted to temporarily obstruct Tenant’s windows for more than the period reasonably required to complete such work) and may temporarily close public entry ways, other public areas, restrooms, stairways or corridors, provided that such closure or other activities contemplated herein do not unreasonably interfere with Tenant’s use and enjoyment of the Premises (including, without limitation, checkingmaterially interfering with Tenant’s access to the Premises). Landlord shall take all reasonable steps to minimize any interference with Tenant’s operations (or access to the Premises) resulting from any actions taken by Landlord under this Section. Landlord agrees to promptly repair any damage and restore the Premises to their condition prior to the actions taken pursuant to this Section.
F. To have and retain paramount title to the Premises and the Property free and clear of any act of Tenant purporting to burden or encumber it beyond this Lease.
G. To lease any space in the Property not leased to Tenant to any person or entity.
H. To grant to anyone the exclusive right to use any portion of the Property for any specified purpose, calibratingprovided that any such exclusive right shall not bind Tenant, adjusting including, without limitation, shall not operate to exclude Tenant from any use of the Premises otherwise allowed under this Lease.
I. To approve (which approval shall not be unreasonably withheld, conditioned or balancing controls delayed) the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to overload the floors of the Premises), and to require all such items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Subject to the waiver of subrogation set forth in Section 10(C) hereof, any damages done to the Building, the Premises or to other tenants in the Building by Tenant in the course of moving safes, furniture and other items, or from overloading floors in any way, shall be paid by Tenant. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in the freight elevators and in the case of bulk deliveries at such times as the management of the Building shall require pursuant to reasonable rules promulgated and consistently applied to all tenants of the Building. Movements of Tenant’s property into or out of the Building and within the Property are entirely at the risk and responsibility of Tenant.
J. To limit access to the Building after normal working hours and on Saturdays, Sundays and holidays subject, however, to Tenant’s right to admittance as set forth herein under such reasonable regulations as Landlord may prescribe from time to time, which may include by way of example but not of limitation, that persons entering or leaving the Building identify themselves to Building personnel by registration or otherwise and that said persons establish their right to enter or leave the Building. Notwithstanding the foregoing, Tenant, subject to the other terms and conditions hereof (and subject to any emergency, fire or other occurrence, or other situation beyond the reasonable control of Landlord), shall have access to the Building and the Premises twenty-four (24) hours per day, seven days per week, fifty-two weeks per year (including holidays), and services shall be delivered to the Premises at all times and to the extent described in Article 6 hereof.
K. To limit or prevent access to the Property, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventative measures reasonably necessary for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, war or other condition that poses a material threat to the health or safety of the tenants or the other occupants of the Property, or the material threat thereof.
L. To install and maintain pipes, ducts, conduits, wires and structural elements in the Premises which serve other parts of the HVAC system)Building provided that: (i) no location outside the Premises is commercially reasonable, (ii) such installations and maintenance shall not unreasonably or materially interfere with the ability of Tenant to take all steps as may conduct its business and shall not be necessary or desirable for conducted during working hours; (iii) the safetylocation of any such installations and the timing, protection, maintenance or preservation means and methods of implementing the same shall be subject to the reasonable approval of Tenant after the Delivery Date; and (iv) any damage caused thereby to the Premises or Tenant’s property is promptly repaired and the Building Premises restored to the condition existing prior to such installation or maintenance, all at Landlord's interest therein, ’s expense. Landlord may exercise any or as may be necessary or desirable for the operation or improvement all of the Building or in order foregoing rights hereby reserved, subject at all times to comply with laws, orders or requirements the provisions of governmental or other authority. Landlord agrees Article 6 hereof (to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryextent applicable).
Appears in 1 contract
Samples: Lease Agreement (Exicure, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except as expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name the Building and Project and (1) to change the name or street address of the Building Complex or Projectthe Building, with two (2) months prior written notice to Tenant;
b. To install (2) to install, affix and maintain any and all signs on the exterior and on the interior of the Building or anywhere on Land or in the Complex (and ProjectTenant agrees not to place or maintain any sign or other advertising matter outside the Premises or inside the Premises so as to be visible from outside the Premises);
c. To have pass keys (3) to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Premises Building or Complex, or any part thereof, and all doors within for such purposes to enter upon the Premises, excluding and, during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's vaults and safes;
d. At any time during the Termobligations hereunder, and on so long as Landlord has given Tenant commercially reasonable prior notice of any such actions in the Premises. Landlord shall take reasonable steps in connection with such actions to minimize any disruption to Tenant, to inspect 's business or its use of the Premises, and to show the Premises to any prospective purchaser or mortgagee none of the Project, or actions taken by Landlord pursuant to any assignee of any mortgage on this paragraph shall increase the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation Rentable Area of the Premises or reduce the Building or number of usable square feet within the Premises;
(4) to the extent permitted by law, to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of Landlord (notwithstanding the provisions for Landlord's interest therein, or as may be necessary or desirable for the operation or improvement access to portions of the Building Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage), unless the same is caused by the gross negligence or in order to comply with lawswillful misconduct of Landlord, orders its agents, employees or requirements contractors. Upon the expiration or termination of governmental the Term or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with of Tenant's business in the Premises in the course of any such entry.right to possession, Tenant shall return all keys to Landlord and shall disclose to
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant tenant for (a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premisespersons, or (c) disturbing business and without effecting an eviction, constructive or actual, or disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
a. (a) To name the Building and Project and to change the Building's name or street address of the Building or Project;Street address.
b. (b) To install install, affix, and maintain any and all signs on the exterior and interior of the Building Building, subject to the provisions of Rider 1 of this Lease.
(c) To designate and Project;approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators, and similar equipment, and to control all internal lighting that nay be visible from the exterior of the Building.
c. (d) To have pass enter upon the Leased Premises at reasonable hours to inspect same or clean or wake repairs or alterations (but without any obligation to do so. except as expressly provided for herein) or to show the Leased Premises to prospective lenders or purchasers, and, during the last twelve (12) months of the term, to show them to prospective tenants at reasonable hours and, if they are vacated, to prepare them for re-occupancy.
(e) To retain at all times, and to use in appropriate instances, keys to the Premises and all doors within and into the teased Premises, excluding Tenant's vaults and safes;. No locks shall be changed or added without the prior written consent of Landlord.
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, (f) To decorate and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, changes, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the teased Premises and, during the continuance of any of said work, to temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the Building (includingarrangement and location of entrances or passageways, without limitationdoors and doorways, checkingcorridors, calibratingelevators, adjusting stairs, toilets, or balancing controls and other public parts of the HVAC system)Building, and an without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the teased Premises are reasonably accessible.
(g) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive tight shall not operate to exclude tenant from the use expressly permitted herein,
(h) To take all steps such reasonable measures as landlord may be necessary or desirable deem advisable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement security and safety of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use and its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.occupants,
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent and any other claim:
a. (a) To name the Building and Project and to change the Building’s name or street address of the Building or Projectaddress;
b. (b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building;
(c) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes, to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable;
(d) To furnish door keys for doors in the Premises at the commencement of the Lease. To retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of Landlord. Notwithstanding the provisions for Landlord’s access to Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage. Upon the expiration of the Term or of Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(e) To designate that window treatment shall be Building standard venetian blinds or curtains and to designate and approve, prior to installation, all types of additional window shades, blinds, or draperies;
(f) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, which is a superimposed load capacity of 100 pounds per square foot which includes twenty pounds per square foot for partition load), and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building;
c. (g) To have pass keys close the Building after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant’s right to admittance to the Premises under such regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons entering or leaving the Building identify themselves to a watchman by registration or otherwise and establish their right to enter or leave the Building. Such regulations may include, but shall not be limited to, the requiring of identification from Tenant’s employees, agents, clients, customers, invitees, visitors and guests.
(h) To establish controls for the purpose of regulating all doors within property and packages (both personal and otherwise) to be moved into or out of the Building and Premises, excluding Tenant's vaults and safes;
d. At any time during (i) To regulate delivery and service of supplies in order to insure the Term, cleanliness and on reasonable prior notice to Tenant, to inspect security of the Premises, Premises and to show the Premises to any prospective purchaser or mortgagee avoid congestion of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators;
(j) To show the Premises to prospective tenants thereofat reasonable hours upon reasonable advance notice (which may be telephonic) during the last six (6) months of the Term, and, if vacated or abandoned, to show the Premises at any time;
(k) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations; and
e. (l) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply at any reasonable time with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts reasonable advance notice (except in the event of an emergency) to minimize interference with Tenant's business in inspect the Premises in the course of any such entryPremises.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claim:
a. A. To name the Building and Project and to change the Building’s name or street address of the Building or Project;address.
b. B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;Building.
c. C. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions deletions, substitutions, additions, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checkinginstalling, calibratingusing, adjusting maintaining, repairing and/or replacing pipes, ducts and conduits in and through the Premises), and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or balancing controls temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable.
D. To access the Premises at any time in the event of an emergency and Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage therefrom. Upon the expiration of the Term or of Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any permitted safes, cabinets or vaults left in the Premises. Landlord hereby acknowledges that Tenant intends to install a key card access system to enter the Premises.
E. To designate that window treatments shall consist of Building Standard blinds and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies.
F. To approve the weight, size and location of safes, vaults and other parts of heavy equipment and articles in and about the HVAC systemPremises and the Building (so as not to exceed the legal live load per square foot designated by the structural engineers for the Building), and to take require all steps such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as may be necessary Landlord shall direct in writing. Tenant shall not install or desirable for the safety, protection, maintenance operate machinery or preservation any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building.
G. To close the Building after Normal Business Hours and on Sundays and legal holidays subject, however, to Tenant’s right to admittance to the Premises under such regulations as Landlord may prescribe from time to time.
H. To establish controls for the purpose of regulating all property and packages (both personal and otherwise) to be moved into or out of the Building and Premises.
I. To reasonably regulate delivery and service of supplies in order to comply insure the cleanliness and security of the Premises and to avoid congestion of the loading docks, receiving areas and freight elevators.
J. To show (during Normal Business Hours and with lawsreasonable advance notice to Tenant) the Premises to prospective tenants at reasonable hours during the last twelve (12) months of the Term and, orders if vacated or requirements of governmental abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy.
K. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, provided same do not unreasonably interfere with Tenant’s business operations.
L. To retain exclusive control and management over all Common Areas, expressly reserving to Landlord the right to alter, eliminate, enlarge or other authorityotherwise make such changes to the Common Areas as Landlord, in its sole discretion, shall deem desirable. Landlord agrees may operate, manage, equip, light and maintain the Common Areas in such manner as Landlord may from time to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrytime determine.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves waives no rights, except those that may be specifically and expressly waived pursuant to the terms of this Lease, and explicitly retains all other rights, including, without limitation, the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises (provided that Landlord shall use its best efforts to avoid any material interference with Tenant's use and enjoyment of the Premises) and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
a. 18.1. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install install, affix and maintain any and all signs which comport with the character of a first class building on the exterior and on the interior of the Centerpointe II Building or on the exterior or interior of the Centerpointe I Building if Tenant is no longer the largest tenant of the Centerpointe I Building.
18.2. To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and Project;
c. To have pass keys about the Buildings, or any part thereof, and for such purposes to enter upon the Premises and all doors within (in accordance with the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee terms of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or LandlordArticle 17 above), and during the continuance of any of such work, to temporarily close doors, entry ways, public space and corridors in the Buildings and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
18.3. To furnish door keys for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises (except as provided below). Tenant agrees to change no locks, and not to affix locks on doors without the prior written consent of the Landlord, which consent Landlord will not unreasonably withhold or delay so long as Tenant gives to Landlord duplicate keys for any changed locks (subject to any security requirements for Tenant's clients, which may prohibit delivery of duplicate keys for portions of the Premises). Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises. Tenant shall have the right to install an access-control system for the Premises (including interior areas within the Premises), which may be separate from Landlord's access-control system for the Buildings or may be an extension of Landlord's system (at Tenant's expense) to cover the Premises so long as such system does not interfere with the other access control systems for the Buildings and does not limit Landlord's access to the Premises as permitted under Article 17 above. If Tenant extends Landlord's access-control system for the Buildings to cover the Premises, Landlord shall not thereafter replace the Buildings' access-control system or change it in a way that impairs the functioning of Tenant's system without Tenant's prior written approval which approval shall not be unreasonably withheld or delayed.
18.4. To approve all window coverings used in the Buildings.
18.5. To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Buildings so as not to exceed the legal load per square foot designated by the structural engineers for the Buildings, and to require all such items and furniture and similar items to be moved into or out of the Buildings and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use, as limited by the Permitted Use, of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Buildings or Premises and within the Buildings are entirely at the risk and responsibility of Tenant.
18.6. To regulate (pursuant to reasonable rules and regulations) delivery of supplies and the usage of the loading docks, receiving areas and freight elevators.
18.7. To enter the Premises in accordance with Article 17, and in the last six months year of the Term, to show the Premises to prospective tenants thereof; at reasonable times after reasonable prior notice to Tenant and, if abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
e. 18.8. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
18.9. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements in accordance with Article 17 at any reasonable time to inspect the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps make repairs or alterations as may be necessary Landlord deems necessary, with due diligence and minimum disturbance.
18.10. To grant to any person or desirable for to reserve unto itself the safety, protection, maintenance right to conduct any business or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business render any service in the Premises in the course of any such entryBuildings.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. 21.1 In addition to any other rights of Landlord reserves under this Lease or applicable Legal Requirements, Landlord shall have the following rights, exercisable without notice, and without liability to Tenant for (a) damage or injury to property, person person, or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
a. A. To name the Building and Project and to change the name or street address of the Building or Project;Premises.
b. B. To install designate and maintain approve and to control all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within lighting that may be visible from the Premises, excluding Tenant's vaults and safes;.
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to C. To show the Premises to prospective tenants thereof; at reasonable hours during the last twelve (12) months of the Term and
e. To enter , if vacated during such period, to repair and otherwise prepare the Premises for reoccupancy without affecting Tenant's obligation to pay rent.
D. To retain at all times, and to use in appropriate instances, keys to all locks and gates within and into the purpose Premises. No locks shall be changed without the prior written consent of making inspections, Landlord.
E. To make repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise, in and about the Premises or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close entryways, ingress to and egress from the Premises and to interrupt or temporarily suspend any services and facilities, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
F. To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it.
G. To close the Building (includingPremises after regular working hours and on Saturdays, without limitationSundays, checkingand legal holidays subject, calibratinghowever, adjusting to Tenant's right to admittance, under such regulations as Landlord may prescribe from time to time.
21.2 Landlord may enter upon the Premises and may exercise any or balancing controls and other parts all of the HVAC system)foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant's use or possession, and without being liable in any manner to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
Appears in 1 contract
Samples: Lease for Office / Warehouse Building (Saving Energy Solar Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except as otherwise expressly provided) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises:Premises and shall not give rise to any claim for set-off or abatement of rent or any other claim (and Landlord agrees to use reasonable efforts to minimize any interference with the conduct by Tenant of its business in the Premises in connection with Landlord's exercise of such rights):
a. To name the Building and Project and (i) Upon prior reasonable notice, to change the name or street address of the Building or Project;Building, and if such change is voluntary, Landlord agrees to replace reasonable quantities of Tenant's stationery, business cards and other similar printed material.
b. (ii) To install install, affix and maintain any and all signs on the exterior or interior of the Building.
(iii) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and interior about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable (so long as such entry and work is made and performed in accordance with the provisions of Paragraph 7 hereof). Except in case of emergency repairs, Landlord will give Tenant reasonable advance notice of any contemplated stoppage or entry upon the Premises and will use reasonable efforts to avoid unnecessary inconvenience to Tenant by reason thereof.
(iv) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord (which consent shall not unreasonably be withheld, conditioned or delayed). Notwithstanding the provisions for Landlord's access to the Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents or employees (but subject in all events to the provisions of Section 10 hereof). Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To designate and approve all window coverings used in the Building.
(vi) To approve the weight, size and location of safes, vaults, vertical files and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall reasonably direct. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord (which consent shall not unreasonably be withheld, conditioned or delayed). Movements of Tenant's property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
c. (vii) To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant's vaults Building after normal office hours.
(viii) To regulate delivery and safes;
d. At any time during service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
(ix) To show the Premises to prospective tenants thereof; at reasonable times and upon prior reasonable notice (which notice may be verbal) during the last twelve (12) months of the Term and
e. To enter , if vacated or abandoned for a period of thirty (30) or more consecutive days, to show the Premises at any time and, if this Lease or Tenant's right to possession is terminated pursuant to Section 11 hereof, to prepare the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building re-occupancy.
(including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system)x) Upon prior reasonable notice (which notice may be verbal, and to take all steps as may except that no notice shall be necessary or desirable for required in the safety, protection, maintenance or preservation event of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with enter the Premises at any reasonable time to inspect the Premises.
(xi) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building any services or supplies, or arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such contract, provided that the charges therefor are reasonable.
(xii) To close the Building after regular working hours and on Saturdays, Sundays and legal holidays subject, however, to Tenant's business in right to admittance at all times to the Premises in under such reasonable regulations as Landlord may prescribe from time to time, which may include, but shall not be limited to, a requirement that persons entering or leaving the course Building identify themselves to a watchman by registration or otherwise and establish their right to enter or leave the Building. Such regulations may include, but shall not be limited to, the requiring of any such entryidentification from Tenant's employees, agents, clients, customers, invitees, visitors and guests.
Appears in 1 contract
Samples: Lease (Orbitz Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury Subject to propertythe terms and provisions of Section 6.6, person or business, to decorate (b) causing an actual or constructive eviction from other than in the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making make inspections, repairs, alterations, additions additions, changes, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof; to enter upon the Premises following reasonable verbal notice to Tenant (except in cases of emergencies where no prior notice shall be required); Tenant shall be entitled to have a representative accompany Landlord on any such inspections and to observe all such work. During the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; to change the name of the Building (includingand/or the Retail Parcel; and to change the arrangement and location of entrances or passageways, without limitationdoors, checkingand doorways, calibratingcorridors, adjusting elevators, stairs, restrooms, or balancing controls and other public parts of the HVAC system)Building. In the exercise of such rights, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to shall use its best commercially reasonable efforts (except in an emergency) to minimize interference with Tenant's business in operations.
(b) To take such reasonable measures as Landlord deems advisable for the security of the Retail Parcel and the Building and their occupants; evacuating the Retail Parcel and Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Retail Parcel and/or the Building; and closing the Retail Parcel and/or Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Retail Parcel, or Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time; and
(c) To enter the Premises in following reasonable verbal notice to a representative of Tenant and during business hours to show the course Premises (i) to prospective purchasers and lenders, and (ii) during the last nine (9) months of the Term, to any prospective tenants. Tenant shall be entitled to have a representative accompany Landlord and any such entrythird parties, but shall not be entitled to require Landlord to change the time or date of same.
Appears in 1 contract
Samples: Lease Agreement (Privatebancorp Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (but subject to maintaining access to the Premises as described in subparagraph (iii) below), and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. (i) To name the Building and Project and to change the name or street address of the Building or Project;Building.
b. (ii) To install install, affix and maintain any and all signs on the exterior and or interior of the Building so long as the same do not materially affect Tenant's access to light or views.
(iii) To decorate or to make repairs, alterations, additions, installations or improvements, whether structural or otherwise, in and Project;
c. To have pass keys about the Building, or any part thereof, and for such purposes to enter upon the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on with reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having Tenant (other than in an interest in the Project or Landlordemergency), and during the last six months continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable by Tenant.
(iv) To furnish door keys, magnetic cards or electronic access systems for the entry door(s) in the Premises at the commencement of the TermLease and to retain at all times, and to use in appropriate instances, keys or access cards to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional keys and access cards as required, to change no locks, and not to affix locks on doors without the prior written consent of Landlord. Notwithstanding the provisions for Landlord's access to the Premises, Tenant relieves and releases Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault, excluding gross negligence or willful misconduct of Landlord or its agents. Upon the expiration of the Term or Tenant's right to possession, Tenant shall return all keys and access cards to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To designate and approve all window coverings used in the Building, including, without limitation, solar window coverings.
(vi) To approve the weight, size and location of safes, vaults, vertical files and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of any nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
(vii) To establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours.
(viii) To regulate in a reasonable manner delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants thereof; andtenants, lien holders and purchasers at reasonable times upon twenty-four hours notice.
e. (x) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at any reasonable time to inspect the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts upon twenty-four hours notice (except in the event of an emergency).
(xi) To grant to minimize interference with Tenant's any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Premises Building. If Landlord elects to make available to tenants in the course of Building any services or supplies, or arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such entrycontract, provided that the charges therefor are reasonable, and that the services contracted for are similar to those provided in other buildings in downtown Chicago.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises or giving rise to any claim for set-off, abatement of Rent or otherwise:
a. A. To name the Building and Project and to change the Building's name or street address. In the event Landlord changes the address or name of the Building or Project;Building, Landlord shall reimburse Tenant's reasonable costs for replacement of Tenant's letterhead, envelopes, and business cards then on hand.
b. B. To install affix, maintain and maintain remove any and all signs on the exterior and interior of the Building Building.
C. To designate and Project;
c. To have pass keys approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that may be visible from the exterior of the Premises or the Building.
D. To decorate and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions and improvements, whether structural or improvements otherwise, in, to and about the Building and any part thereof, and for such purposes to enter the Premises, and, during the continuance of any such work, to close temporarily doors, entry ways, Common Areas in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting Tenant's obligations hereunder, as long as the Premises or the Building (includingremain tenantable, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps provided that Landlord gives Tenant such notice as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize required by Section 11 hereof and that there is no unreasonable interference with Tenant's access to or use of the Premises.
E. To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided Tenant is not thereby excluded from uses expressly permitted herein.
F. To alter, relocate, reconfigure and reduce the Common Areas of the Building, as long as the Premises remain reasonably accessible, provided that Landlord gives Tenant such notice as may be required by Section 11 hereof and that there is no unreasonable interference with Tenant's access to or use of the Premises.
G. To alter, relocate, reconfigure, reduce and withdraw the Common Areas located outside the Building, including parking and access roads, as long as the Premises remain reasonably accessible.
H. To erect, use and maintain pipes and conduits in and through the course Premises, provided that Landlord gives Tenant such notice as may be required by Section 11 hereof and that there is no unreasonable interference with Tenant's access to or use of any such entrythe Premises.
Appears in 1 contract
Samples: Lease Agreement (Hagler Bailly Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's ’s use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's ’s vaults and safes;
d. At any time during the Term, and on reasonable prior notice to TenantTenant (provided that twenty-four (24) hours will be deemed reasonable notice, except in the event of an emergency, when no notice shall be required), to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six (6) months of the Term, to show the Premises to prospective tenants thereof, provided that Landlord agrees that Landlord and its agents, contractors and representative shall use best efforts to minimize interference with Tenant's business in the Premises; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's ’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to that Landlord and Landlord's agents, contractors and representatives shall use its best efforts (except in an emergency) to minimize interference with Tenant's ’s business in the Premises in the course of any such entry.
Appears in 1 contract
Samples: Office Building Lease (Premiere Global Services, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability to Tenant for notice (aexcept as herein expressly provided) damage and without effecting an eviction, constructive or injury to propertyactual, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing of Tenant's use or ’s possession of the Premises:, giving rise to any claim for set-off or abatement of Rent and without being liable to Tenant (except insofar as same constitutes a breach of an express provision of this Lease or, subject to Section 10(C) hereof, involves the negligence or willful misconduct of Landlord):
a. A. To name the Building and Project and to change the name or street address of the Building or Project;the Building’s street address.
b. B. To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
C. To reasonably approve, prior to installation, all types of window shades, blinds, drapes and Project;similar window coverings, which approval shall not be unreasonably withheld, conditioned or delayed.
c. D. To have pass keys reasonably approve, prior to installation, all internal lighting that may be visible from the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee exterior of the ProjectBuilding, which approval shall not be unreasonably withheld, conditioned or delayed.
E. To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, make alterations, additions or improvements improvements, structural or otherwise, in or to the Property or any part thereof, provided that access to the Premises or the Building is not materially and permanently adversely affected thereby. In connection with such matters, Landlord may, subject to the provisions of Article 17 hereof, enter upon the Premises and take into and upon or through the Premises all materials required to make such repairs, maintenance, alterations or improvements (including, without limitation, checking, calibrating, adjusting provided that there shall be no staging of materials in or balancing controls and other parts of from the HVAC systemPremises), and to may close public entry ways, other public areas, restrooms, stairways or corridors. Landlord shall take all reasonable steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply minimize any interference with laws, orders or requirements of governmental or other authorityTenant’s operations resulting from any actions taken by Landlord under this Section. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in promptly repair any damage and restore the Premises in to their condition prior to the course actions taken pursuant to this Section.
F. To have and retain paramount title to the Premises and the Property free and clear of any such entryact of Tenant purporting to burden or encumber it.
Appears in 1 contract
Samples: Office Lease (Vivid Seats Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Except as otherwise specifically provided in this Lease, Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of such exercise, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises nor shall such exercise give rise to any claim for set-off or abatement of rent or any other claim:
a. To name (i) Subject to the requirements of Paragraph 30.D., to decorate or to make repairs, alterations, additions or improvements, whether structural or otherwise, in and about the Building, or any part thereof (including, without limitation, alterations in the locations or configurations of any common areas of the Building), and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and Project to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable, Tenaxx'x xights hereunder are not unreasonably interfered with and provided that Landlord shall not interfere with Tenaxx'x telephone switch. Landlord, at its cost, shall use all reasonable efforts to carry out such work affecting the Premises or reasonable access thereto in a manner so as to minimize any interference with Tenaxx'x xse of the Premises, and in the event any such work unreasonably interferes with Tenant's access to or use of the Premises, Landlord shall do such work during non-business hours, except in the event of emergency;
(ii) To retain at all times and, subject to the provisions of Paragraph 30.G., to use, in appropriate instances, keys and other entry devices within and into the Premises;
(iii) To designate and approve a building standard for all window coverings used in the Building, provided, however that Tenant may also have draperies of its choosing behind the blinds on the windows in the Premises;
(iv) To approve the weight, size and location of safes, vaults, computers and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, which shall be not less than 50 lbs. per square foot, and to change the name require all such items and furniture and similar items to be moved into or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior out of the Building and ProjectPremises only at such times and in such manner as Landlord shall reasonably direct in writing or as otherwise permitted herein;
c. (v) To have pass keys establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Building after normal office hours, which controls shall recognize and be consistent with any governmental regulations applicable to classified documents;
(vi) Subject to the rights of Tenant otherwise provided in the Lease, to reasonably regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators and to control and regulate access to and use of common areas of the Building;
(vii) Within the last fifteen (15) months of the Term for any part of the Premises, excluding Tenant's vaults and safes;
d. At any time during provided Tenant is not then acting to extend the TermTerm for such portion of the Premises pursuant to Paragraph 32.B., and on after reasonable prior advance notice to Tenant, to show such portion of Premises to prospective tenants at reasonable times, and if vacated or abandoned, to show such Premises at any time;
(viii) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations which locations shall be subject to Tenant's reasonable approval;
(ix) Except in the event of emergency when no notice shall be required, upon prior notice to Tenant and subject to Tenant's security requirements, to enter the Premises at any reasonable time to inspect the Premises, and to show the Premises to any prospective purchaser for compliance with this Lease or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereoflenders or purchasers; and
e. (x) To enter grant to anyone the Premises for the purpose of making inspections, repairs, alterations, additions nonexclusive right to conduct any business or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business render any services in the Premises in the course of any such entryBuilding.
Appears in 1 contract
Samples: Sublease (Universal Access Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage damages or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for set-off or abatement of the Premisesrent:
a. (A) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. (B) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
(C) To designate and Project;
c. To have pass keys approve, prior to the Premises installation, all types of window shades, blinds, drapes, awnings, window ventilators and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premisesother similar equipment, and to show control all internal lighting that may be visible from the exterior of the Building.
(D) To reserve to Landlord the exclusive right to designate, limit, restrict and control any business or any service in or to the Building and its tenants.
(E) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(F) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises to any prospective purchaser or mortgagee without the prior written permission of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to .
(G) To show the Premises to prospective tenants at reasonable hour during the last twelve (12) months of the Term and if vacated during such year to prepare the Premises for re-occupancy.
(H) To approve the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed the legal live load), and to require all such items and furniture and similar terms to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Any damages done to the Building or to other tenants in the Building by taking in or putting out safes, furniture, and other articles or from overloading the floor in any way shall be paid by Tenant. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in a freight elevator, at such times as the building manager shall fix. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building. Landlord reserves the right to regulate the movement of, and to inspect, all property and packages brought into or out of the Building to enforce compliance with the terms of this Lease and to regulate delivery and service of supplies and the usage of loading docks, receiving areas and freight elevators.
(I) To have access for the Landlord and other Tenants of the Building to any mail chutes located on the Premises according to the rules of the United States Postal Service.
(J) To close the Building after regular working hours and on Saturdays, Sundays and holidays established by Landlord from time to time subject, however, to Tenant's right to admittance under such regulations as Landlord may prescribe from time to time, which may include, by way of example but not of limitation, that persons entering or leaving the Building identify themselves to a security officer by registration or otherwise and that said persons establish their right to enter or leave the Building.
(K) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, the Property and the Premises, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building or the Property and to interrupt or temporarily suspend Building services and facilities, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible for the use provided under the Lease.
(L) To change the arrangement, configuration, size or location of entrances, passageways, doors and doorways, corridors, stairs, toilets and other public service portions of the Building and the Property not contained within the Premises or any part thereof.
(M) To change the character or use of any part of the Building or the Property.
(N) To use for itself the roof, the exterior portions of the Premises and such areas within the Premises required for structural columns and their enclosures and the installation of utility lines, Building systems and other installations required to service the Building, the Property or tenants or occupants thereof and to maintain and repair same, no rights being hereby conferred upon Tenant, and, unless otherwise specifically provided herein, to exercise for itself all rights to the land and improvements below the floor level of the Premises or the air rights above the Premises and to the land and improvements located on and within the public areas. Neither Tenant nor its employees, invitees, guests and agents shall, without obtaining in each instance the prior written consent of Landlord, which consent shall be conditioned upon such requirements as Landlord deems appropriate, (1) go above or through suspended ceilings, (2) remove any ceiling tiles or affix anything thereto, remove anything therefrom or cut into or alter the same in any way, (3) enter fan rooms or other mechanical spaces, or (4) open doors or remove panels providing access to utility lines, Building systems or other installations required to service tenants.
(O) At any time hereafter, provided Landlord shall first give Tenant at least forty-five (45) days' written notice thereof, to substitute for the Premises other premises in the Building (herein referred to as "the new premises"), in which event the new premises will be deemed to be the Premises for all purposes under this Lease, provided the new premises shall be similar to the Premises in size and configuration and shall be usable for Tenant's purposes, and such change shall be made in order to install a necessary Building system or in the sole discretion of Landlord to alter, improve or replace common areas or elements of the Building. If Tenant is already in occupancy of the Premises, then, in addition (1) Landlord shall pay the expense of Tenant for moving from the Premises to the new premises and improving the new premises so that they are substantially similar to the Premises; andand (2) such move shall be made during evenings, weekends, or otherwise so as to avoid unreasonable inconvenience to Tenant.
e. (P) To enter the Premises for the purpose of making inspectionsinspecting them for general condition and state of repair or effecting repairs or modifications for the benefit of Landlord, repairsTenant, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts tenants of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation Building. The holder of any mortgage of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in Property, its agents or designees shall have the course same right of any such entryentry for inspection as Landlord.
Appears in 1 contract
Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for set-off or abatement of the Premisesrent:
a. (a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. (b) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
(c) To designate and Project;approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Building.
c. (d) To have pass retain at all times, and to use in appropriate instances, keys to the Premises and all doors within and into the Leased Premises, excluding Tenant's vaults and safes;. No locks shall be changed or added without the prior written consent of Landlord.
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, (e) To decorate and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, changes or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Leased Premises and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Leased Premises are reasonably accessible.
(f) To have and retain a paramount title to the Leased Premises free and clear of any act of Tenant purporting to burden or encumber them.
(g) To prohibit the placing of vending or dispensing machines of any kind in or about the Leased Premises without the prior written permission of Landlord.
(h) To have access for Landlord and other tenants of the Building to any mail chutes located on the Leased Premises according to the rules of the United States Postal Service.
(includingi) To take all such reasonable measures as Landlord may deem advisable for the security of the Building and its occupants, including without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building and the closing of the Building after regular working hours, orders or requirements of governmental or other authority. Landlord agrees i.e., 8 a.m. to use its best efforts (except in an emergency) 6 p.m. on business days and on Saturdays, Sundays and legal holidays, subject, however, to minimize interference with Tenant's business in right to admittance when the Premises in Building is closed after regular working hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example but not of limitation, that persons entering or leaving the course of any such entryBuilding, whether or not during regular working hours, identify themselves to a security officer by registration or otherwise and that said persons establish their right to enter or leave the Building.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except that Landlord shall give reasonable notice prior to exercising such rights if it is reasonably possible for Landlord to give such notice and if Tenant’s use of the Premises would be materially adversely affected by the failure to give such notice) and without liability to Tenant for (a) damage damagee, or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and except as otherwise provided for in this Lease shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name the Building and Project and (i) Subject to Tenant’s approval, which shall not be unreasonably withheld, to change the name or street address of the Building to any name other than 00 Xxxx Xxxxxx Xxxxx or Project;the Xxx Xxxxxxx Building. It shall not be unreasonable for Tenant to withhold its approval to any name which would publicize the name of another tenant providing legal services or would materially adversely affect Tenant’s image or business. In the event that Landlord changes the name of the Building after the date of this Lease, Landlord shall reimburse Tenant for all reasonable out-of-pocket expenses incurred by Tenant in connection with such change.
b. (ii) To install install, affix and maintain any and all signs on the exterior or interior of the Building, subject to the following conditions: (w) there shall be no illuminated signs on the top of the Building, (x) except for Xxxxxxx, no other tenant’s name shall be more prominently , displayed than Tenant’s name, and interior no other tenant (other than tenants occupying the retail portion of the Building) shall have its name displayed on the exterior of the Building without Tenant’s consent (y) no exterior signs shall be affixed in any manner which materially interferes with Tenant’s view from the Premises and all exterior signage shall be consistent with that displayed in other first-class, institutional quality buildings similar to the Building, and (z) Tenant shall retain the right to affix signage to the walls of elevator lobbies on the full floors within the Premises, subject to Landlord’s reasonable approval of the design and installation of such signage.
(iii) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable and provided that Landlord shall use due diligence with respect thereto. Unless such repairs or improvements can be made during business hours without material interference with Tenant’s business operations, Landlord shall make such repair’s or improvements after-hours.
(iv) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord’s access to Premises, and except for wrongful or negligent acts or omissions of, or attributable to, Trustee or Xxxxxxx (including, without limitation, breaches of any obligations hereunder), Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To designate and approve all window coverings used in the Building; provided that Landlord shall not change the type of window coverings permitted in the Premises from the type required prior to the Commencement Date without the approval of Tenant, which approval shall not be unreasonably withheld if Landlord shall pay any costs incurred by Tenant by reason of such change.
(vi) To approve the weight, size and location of safes, vaults, vertical files and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, which legal live load shall be no less than fifty (50) pounds per square foot plus twenty (20) pounds per square foot for partitions, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
c. (vii) To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant's vaults Building after normal office hours.
(viii) To regulate delivery and safes;
d. At any time during service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators.
(ix) To show the Premises to prospective tenants thereof; at reasonable times during the last twelve (12) months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy.
e. To (x) Upon reasonable notice to Tenant, to enter the Premises for at any reasonable time to inspect the purpose Premises.
(xi) To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building any services or supplies, or arranges a master contract therefor, Tenant agrees to obtain its requirements, if any, therefor from Landlord or under any such contract, provided that the charges therefor are reasonable, the quality of making inspections, repairs, alterations, additions such services or improvements supplies is acceptable to Tenant and the services or supplies relate to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order rather than to comply with laws, orders or requirements the operation of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's ’s business in the Premises Building. Further, the foregoing right shall not give Landlord the right to control the computer or communication systems to be used by Tenant, or to require Tenant to participate in the course any shared use of any such entrya computer or communication system.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting any eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the PremisesDemised Premises or giving rise to any claim for setoff or abatement of Monthly Base Rent or Additional Rent:
a. (a) To name the Building and Project and to change the Building's name or street address upon ninety (90) days' written notice to Tenant; provided, however, that in the event that such change of the Building Building's name or Projectaddress is not mandated by any governmental agency, Landlord shall reimburse Tenant for the reasonable costs of a 64 quantity of Tenant's new stationery, business cards and marketing materials (collectively, "Tenant's Stationery") equal to the amount of Tenant's Stationery then on hand at the time of such change of the Building's name or address by Landlord;
b. (b) To install affix, maintain and maintain remove any and all signs on the exterior and interior of the Building Building, except that Landlord shall not remove any of Tenant's signage which is permitted by Paragraph 26 hereof so long as the same is installed, maintained and Project;
c. To have pass keys to repaired in accordance with the Premises requirements of this Lease and all doors within applicable laws and governmental regulations.
(c) To designate and approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that may be visible from the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee exterior of the Project, Demised Premises or the Building.
(d) To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, including, but not limited to, the installation of a sprinkler system and sprinkler heads, and for such purposes to enter the Demised Premises and, during the continuance of any such work, to temporarily close doors, entry ways, common or public spaces and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting any of Tenant's obligations hereunder, so long as the Demised Premises are reasonably accessible.
(e) To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided Tenant is not thereby excluded from uses expressly permitted herein.
(f) To alter, relocate, reconfigure and reduce the Common Areas of the Building, as long as the Demised Premises remain reasonably accessible, except that (i) there shall be no reduction in the size of the Conference Center (as hereinafter defined in Paragraph 56) other than in a DE MINIMIS amount and (ii) the Fitness Facility shall not be reduced below the minimum size provided for in Paragraph 21.7 hereof.
(g) To alter, relocate, reconfigure, reduce and withdraw the Common Areas located outside the Building, including parking and access roads, as long as the Demised Premises remain reasonably accessible (provided that Tenant's right to the Parking Spaces set forth in Paragraph 1.A.11, above shall remain unmodified).
(h) To erect, use and maintain pipes and conduits in and through the Demised Premises.
(i) To operate and maintain, or cause to be operated and maintained, the Common Areas in a manner deemed by Landlord to be reasonable and appropriate and in the best interest of the Building, but all Common Areas shall be subject to the exclusive control and management of Landlord. Notwithstanding the foregoing, (A) Landlord shall not make any change which would otherwise be permitted by this Paragraph 33 if such change, upon completion of the work to make such change, would materially and adversely affect Tenant's use and enjoyment of the Demised Premises, and (B) provided that Tenant is leasing all of the Demised Premises or and has not subleased more than twenty percent (20%) of the rentable floor area comprising the Demised Premises, Landlord shall not change the name of the Building to the name of any bank, savings and loan or other financial institution. In addition, in exercising its rights under this Section 33, (includingi) Landlord shall perform any such work in such a manner as to minimize disruption of Tenant's business operations, without limitation, checking, calibrating, adjusting or balancing controls and other parts (ii) no such work shall result in the permanent reduction of the HVAC systemarea or reconfiguration of the Demised Premises other than on a de minimis basis (both as to the area which is affected and the effect of such permanent reduction), and (iii) Landlord shall, at its expense, repair any damage which it causes to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Demised Premises or the Building or in Landlord's interest therein, or as may be necessary or desirable for the operation or improvement exercise of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryrights under this Paragraph 33.
Appears in 1 contract
Samples: Lease Agreement (National Consumer Cooperative Bank /Dc/)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice (except as expressly provided below in this Section) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction, construction or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
a. (a) To name the Building and Project and to change the name or street address of the Building; provided, however, that if the street address of the Building is changed and such change is not required by a governmental body or Projectauthority (including, without limitation, the City of Waukegan or the United States Postal Service), Landlord shall reimburse Tenant for all reasonable, out-of-pocket expenses incurred by Tenant in changing Tenant’s stationary and marketing materials and providing proper notification thereof in the ordinary course, to the extent reasonably required as a result of such address change;
b. (b) To install reasonably approve, prior to installation, window shades, blinds, drapes, awnings, window ventilators and maintain all signs on other similar equipment and lighting which are visible from the exterior and interior of the Building and ProjectPremises as being compatible with those used by buildings similarly situated;
c. (c) To have pass keys to show the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time to prospective tenants at reasonable hours during the last nine (9) months of the Term (but not after a Renewal Option is exercised for a Renewal Term) and, and on reasonable prior notice to Tenantif vacated during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any prospective purchaser or mortgagee purchasers and lenders of the ProjectBuilding at reasonable hours upon reasonable prior verbal notice at any time during the Term;
(d) To retain at all times, and to use in appropriate emergency instances, keys to all doors within and into the Premises. No locks shall be changed without the prior written consent of Landlord;
(e) To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Property or the Building, or any part of any thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts upon reasonable prior verbal notice (except in an emergency) to minimize interference with Tenant's business , in which case no notice shall be necessary), and, during the Premises in the course continuance of any such entrywork, to temporarily close roads, drives, doors, entryways, public space and corridors in the Property or the Building, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and such suspension or interruption or the length thereof does not materially affect the conduct of Tenant’s business. If the Premises or any material portion thereof is not reasonably accessible or such work materially affects Tenant’s business as a result of Landlord’s exercise of its rights under this subsection, and the length of such suspension or interruption is of a temporary nature for a reasonable period of time under the circumstances, as Tenant’s sole and exclusive remedy on account thereof, Rent shall axxxx on a per diem basis for each day the Premises, or such material portion thereof, is not reasonably accessible or Tenant’s business is materially affected; provided, however, that if only a material portion of the Premises is not reasonably accessible, the per diem abatement of Rent shall be equitably determined, which in most cases would be in an amount bearing the same ratio to the total amount of per diem Rent as the inaccessible portion of the Premises bears to the entire Premises;
(f) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(g) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant, its employees and invitees.
Appears in 1 contract
Samples: Lease (Coleman Cable, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice (except as expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
a. (a) To name the Building and Project and to change the name or street address of the Building or Projectupon reasonable prior notice;
b. (b) To install install, affix and maintain all signs within and on the exterior and interior of the Building and Projecton the Land;
c. (c) Intentionally Omitted;
(d) To have pass keys to show the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time to prospective tenants at reasonable hours during the Termlast six (6) months of the Term and, and on reasonable prior notice to Tenantif vacated during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any prospective purchaser or mortgagee purchasers and lenders of the ProjectBuilding at reasonable hours upon reasonable prior verbal notice at any time during the Term;
(e) To retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. No locks shall be changed without the prior written consent of Landlord;
(f) To decorate or to make repairs, alterations, additions, or to any assignee of any mortgage on improvements, whether structural or otherwise, in and about the ProjectBuilding or the Property, or any part thereof, and for such purposes to others having enter upon the Premises upon reasonable prior verbal notice (except in an interest emergency, in the Project or Landlordwhich case no notice shall be necessary), and during the last six months continuance of the Termany such work, to show temporarily close roads, drives, doors, entryways, public space and corridors in the Building or on the Property, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises to prospective tenants thereofare reasonably accessible; and
e. To enter provided, however, in the event any interruption, suspension or interference with the Building or Property shall prevent Tenant from using all or any portions of the Premises for the purpose a period of making inspectionsten (10) consecutive days, repairs, alterations, additions or improvements then Rent shall axxxx with respect to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation such portions of the Premises for such period of interference or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityinterruption. Landlord agrees to use its best reasonable efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course effect of any such entryinterference or interruption on Tenant’s use and occupancy of the Premises.
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) To grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to exclude Tenant from the Permitted Use;
(i) To approve the location of equipment and articles in and about the Premises and the Building so as not to exceed the legal live load; and
(j) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant and its employees.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof (except that Landlord shall use commercially reasonable efforts not to materially disrupt Tenant's business operations during the exercising of any such rights), (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. (a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. (b) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building.
(c) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the configuration of the common area), in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities.
(d) To furnish door keys for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase for $2.50 per key and $15.00 per card key only from Landlord or Landlord's designee, additional duplicate keys or card keys as required, to change no locks, and to affix no locks on doors without the prior written consent of the Landlord. Notwithstanding the provisions for Landlord's access to Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage. Upon the expiration of the Term or of Lessee's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(e) To designate and approve all window coverings used in the Building.
(f) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld nor delayed. Tenant's movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises.
c. (g) To have pass keys establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours.
(h) To regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and all doors within the Premises, excluding Tenant's vaults to avoid congestion of receiving areas and safes;freight elevators.
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to (i) To show the Premises to any lenders, purchasers and investors at reasonable hours and to prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and tenants at reasonable hours during the last six twelve months of the TermTerm and, if vacated or abandoned, to show the Premises at any time and to prospective tenants thereof; andprepare the Premises for re-occupancy.
e. (j) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations. Landlord shall use reasonable efforts to perform such work in a non-intrusive and non-visible manner.
(k) To enter the Premises for at any reasonable time to inspect the purpose of making inspections, repairs, alterations, additions Premises.
(1) To grant to any person or improvements to reserve unto itself the Premises exclusive right to conduct any business or render any service in the Building. If Landlord elects to make available to tenants in the Building (including, without limitation, checking, calibrating, adjusting any services or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest thereinsupplies, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with lawsarranges a master contract therefor, orders or requirements of governmental or other authority. Landlord Tenant agrees to use obtain its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of requirements, if any, therefore from Landlord or under any such entrycontact, provided that the charges therefor are reasonable.
Appears in 1 contract
Samples: Lease Agreement (Owosso Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for set-off or abatement of the Premisesrent:
a. To name the Building and Project and to change the name or street address of the Building or Project;Building's name.
b. To install install, affix and maintain any and all signs on the exterior and interior of the Building and Project;Building.
c. To have pass keys to control all internal lighting that may be visible from the exterior of the Building.
d. To enter the Premises to inspect the same, to display the Premises to prospective purchasers or to post and maintain notices of nonresponsibility or any other notice deemed necessary by Landlord for the protection of its interest, to alter, improve or repair the Premises or any other portion of the Building, all without being deemed guilty of any eviction of Tenant and without abatement of rent, and may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, as well as keep and store upon the Premises all tools, materials and equipment necessary for such purposes, provided that the business of Tenant shall be interfered with as little as is reasonably practicable, Tenant hereby waives any claim for damages for any injury to property or person or any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, all claims for such damage being hereby released. For each of the foregoing purposes, Landlord shall, at all times, have and retain a key with which to unlock all of the doors within in, upon and about the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice Landlord shall have the right to Tenant, use any and all means which Landlord may deem proper to inspect open the doors in an emergency in order to obtain entry to the Premises, and any entry to show the Premises to obtained by Landlord by any prospective purchaser or mortgagee of the Projectsaid means, or otherwise, shall not under any circumstances be construed or deemed to any assignee of any mortgage on the Projectbe a forcible or unlawful entry into, or to others having a detainer of, the Premises, or an interest in eviction of Tenant from the Project Premises or Landlordany portion thereof, and during the last six months any damages caused on account thereof shall be paid by Tenant. It is understood and agreed that no provision of the Termthis Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations, except as otherwise expressly agreed herein to show the Premises to prospective tenants thereof; andbe performed by Landlord;
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber them;
f. To grant to anyone the Building (includingexclusive right to conduct any business or render any service in or to the Building, without limitation, checking, calibrating, adjusting or balancing controls provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein; and,
g. To have access for Landlord and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement tenants of the Building or in order to comply with lawsany mail chutes located on the Premises, orders or requirements according to the rules of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryUnited States Postal Service.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Except to the extent expressly limited herein, Landlord reserves full rights to control the Property, including but not limited to the following rights, exercisable without notice (except as expressly provided below in this Section) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
a. (a) To name the Building and Project and to change the name or street address of the Building or Projectthe Property;
b. (b) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building, and Projectto prescribe the location and style of the identification sign (including ground mounted sign with panels, if any), logo and/or lettering for the Premises occupied by the Tenant;
c. (c) To have pass keys designate and/or approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, which approval shall not be unreasonably withheld or delayed so long as any such window covering does not violate any Laws or Association rules, and to control all internal lighting that may be visible from the exterior of the Premises;
(d) To show the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time to prospective tenants at reasonable hours during the Termlast twelve (12) months of the Term and, and on reasonable prior notice to Tenantif vacated during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any current and prospective purchaser or mortgagee insurers, brokers, purchasers and lenders of the ProjectBuilding at reasonable hours upon reasonable prior verbal notice at any time during the Term;
(e) To retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Landlord agrees to use all commercially reasonable efforts not to disturb or interfere with Tenant’s use of the Premise. No locks shall be changed without the prior written consent of Landlord;
(f) To decorate or maintain or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Property or the Building, or any part of any thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts upon reasonable prior verbal notice (except in an emergency) to minimize interference with Tenant's business , in which case no notice shall be necessary), and, during the Premises in the course continuance of any such entrywork, to take into and upon or through the Premises all materials required to make such decorations, repairs, maintenance, alterations or improvements, to erect scaffolding and other structures as may be reasonably required, to close roads, drives, doors, entryways, public space and corridors in the Property or the Building on a temporary basis, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible;
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) To grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein;
(i) To approve the location of fixtures, equipment and other articles of personal property in and about the Premises and the Building so as not to exceed the legal live load;
(j) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant and its employees;
(k) To issue rules and regulations, from time to time, governing the use of the Parking Areas (as defined below); and
(l) To limit or prevent access to the Property or otherwise take such action or preventative measures deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other dangerous condition, or threat thereof.
Appears in 1 contract
Samples: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. A. To name the Building and Project and to change the Center's name or street address of the Building or Project;address.
b. B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;Building, as well as the Center.
c. C. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions deletions, substitutions, additions, or improvements improvements, whether structural or otherwise, in and about the Center, or any part thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checkinginstalling, calibratingusing, adjusting maintaining, repairing and/or replacing pipes, ducts and conduits in and through the Premises), and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building (and the Center) and to interrupt or balancing controls temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
D. To retain at all times, and to use appropriate instances, keys to all doors within and into the Premises, and to access the Premises at any time. Notwithstanding the provisions for Landlord's access to portions of the Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage absent Landlord's intentional misconduct or gross negligence. Upon the expiration of the Term or of Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
E. To designate that window treatments shall consist of Building Standard blinds and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies.
F. To approve the weight, size and location of safes, vaults and other parts of heavy equipment and articles in and about the HVAC systemPremises and the Center (so as not to exceed the legal live load per square foot designated by the structural engineers for the Center), and to take require all steps such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as may be necessary Landlord shall direct in writing. Tenant shall not install or desirable for the safety, protection, maintenance operate machinery or preservation any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Center and within the Center are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Center.
G. To close the Building or Landlord's interest thereinand/or the Center after regular working hours and on Saturdays, or as may be necessary or desirable for the operation or improvement of the Building or in order Sundays and legal holidays subject, however, to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in right to admittance to the Premises in the course of any under such entry.regulations as Landlord may prescribe from time to time, which may include but shall not be limited to,
Appears in 1 contract
Samples: Lease (Comprehensive Care Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves has the following rights, exercisable without notice and without liability to Tenant and without causing an eviction (constructed or actual) or disturbance of Tenant's possession of the Premises and without giving rise to any claim for setoff or abatement of rent:
(a) damage to change the Building's names or injury to property, person or business, street address:
(b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building Building:
(c) to designate and Project;approve, prior to installation. all types of window shades. blinds, drapes. awnings, window ventilators and other similar equipment. and to control all internal lighting that may be visible from the exterior of the Building:
c. To have pass keys (d) to enter upon the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on at reasonable prior notice to Tenant, hours to inspect the Premises, clean or make repairs or alterations (without implying any obligation to do so) and to show the Premises to any prospective purchaser lenders or mortgagee of the Projectpurchasers or, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six 6 months of the Term, to show prospective tenants and, if the Premises are vacated, to prospective tenants thereof; andprepare them for re-occupancy:
e. To enter (e) to retain and use in appropriate instances keys to all doors into and within the Premises for (Tenant will not change or add locks without the purpose prior written consent of making inspections, Landlord):
(f) to decorate and to make repairs, . alterations, . additions or improvements (whether structural or otherwise) to and about the Building and, for such purposes to enter upon the Premises, to temporarily close doors, entryways, public space and corridors in the building, to temporarily suspend Building Services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other Common Areas, all without abatement of rent or impairing Tenant's obligations so long as the Premises are reasonably accessible and fit for the use expressly permitted in this lease:
(g) to grant to anyone the exclusive right to conduct any business or render any service in or to the Building (includingincluding the exclusive right to sell any food or beverages), without limitationprovided such exclusive right does not exclude Tenant from the use expressly permitted in this Lease:
(h) to approve the weight, checking, calibrating, adjusting or balancing controls size and location of safes and other parts of heavy equipment and articles in the HVAC system), Premises and to take require that all steps as may such items and all furniture be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement moved into and out of the Building and Premises at the times and in the manner directed by Landlord (movements of Tenant's property into or in order to comply with laws, orders or requirements out of governmental or other authority. Landlord agrees to use its best efforts the Building and within the Building are entirely at the risk and responsibility of Tenant): and
(except in an emergencyi) to minimize interference with take any measures (without implying any obligation to do so) Landlord deems advisable for the security of the Building and its occupants. including the evacuation of the Building for drill purposes and the closing of the building after normal business hours, subject, however, to Tenant's business in right to admittance when the Premises in the course of any such entrybuilding is closed under reasonable regulations prescribed by Landlord from time to time.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name the Building and Project and (a) to change the Building's name or street address of the Building or Projectaddress;
b. To install (b) to install, affix and maintain any and all signs on the exterior and on the interior of the Building and ProjectBuilding;
c. To have pass keys (c) to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspectionsmake changes, repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise (including alterations in the configuration of, and elimination of, any common areas), in and about the Building and Property or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities; but Landlord shall endeavor to perform any such work in or about the Premises so as to cause the minimum inconvenience to Tenant practicable under the circumstances;
(d) to designate and approve all window coverings used in the Building;
(e) to approve, disapprove or restrict the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of so as not to exceed the HVAC system)live load per square foot designated by the structural engineers for the Building, and to take require all steps such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as may be necessary Landlord shall direct in writing. Tenant shall not install or desirable for the safety, protection, maintenance operate machinery or preservation any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises or without the Building or prior written consent of Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.movements of
Appears in 1 contract
Samples: Lease Agreement (Kbkids Com Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant Tenant, for (a) damage or injury to property, person persons, or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession possession, or giving rise to any claim for set-off or abatement of the PremisesRental::
a. (a) To name the Building and Project and to change the name or street address of the Building or Project;
b. To install install, affix, and maintain any and all signs on the exterior and interior of the Building Building.
(b) To designate and Project;
c. To have pass keys approve, prior to the Premises and installation, all doors within the Premisestypes of window shades, excluding Tenant's vaults and safes;
d. At any time during the Termblinds, drapes, awnings, window ventilators, and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Building
(c) To designate, restrict and control all locations from which Tenant may supply ice, drinking water, towels, toilet supplies, shoe shining, catering, food and beverages, or like or other services on reasonable prior notice to Tenant, to inspect the Premises, and in general to show reserve to Landlord the Premises exclusive right to designate, limit, restrict, and control any prospective purchaser or mortgagee of the Project, business and any service in or to any assignee of any mortgage on the Project, or to others having an interest in the Project or LandlordBuilding and its tenants.
(d) To retain at all times, and during to use in appropriate instances, keys to all doors within and into the last six months Premises. No locks shall be changed or added without the prior written consent of the Term, Landlord.
(e) To decorate and to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, changes or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close doors, entryways, public space, and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the access to the Premises is not eliminated or materially impaired.
(f) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber the Premises.
(g) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building.
(h) to approve the weight, size and location of heavy equipment and articles in and about the Premises and the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system)following a specific written request for such approval from Tenant prior to any such installation, and to take require all steps as may such items and furniture and similar items to be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement moved into and out of the Building or and Premises only at such times and in order to comply with laws, orders or requirements such manner as Landlord shall direct in writing. Movements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building.
(i) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises in without the course prior written permission of any such entry.Landlord. Argyle 2006
Appears in 1 contract
Samples: Standard Office Lease (Argyle Security Acquisition CORP)
CERTAIN RIGHTS RESERVED BY LANDLORD. Provided that the exercise of such rights does not unreasonably interfere with Tenant's occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury To decorate and to propertymake inspections, person or businessrepairs, (b) causing an actual or constructive eviction from the Premisesalterations, additions, changes, or improvements, whether structural or otherwise, in and about the Complex, or any part thereof; to enter upon the Premises upon reasonable advance notice (cexcept that no advance notice shall be required in the event of an emergency) disturbing Tenant's use and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Complex; to interrupt or possession temporarily suspend Complex services and facilities; to change the name of the Premises:
a. To name the Building and Project Complex; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Complex;
(b) To take such reasonable measures as Landlord deems advisable for the security of the Complex and its occupants; evacuating the Building or Projectthe Complex for cause, suspected cause, or for drill purposes; temporarily denying access to the Complex; and closing the Building or the Complex after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Complex or the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time;
b. (c) To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to enter the Premises at reasonable hours and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on upon reasonable prior advance notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereofpurchasers, lenders, or, during the last 12 months of the Term, tenants; and
e. To (d) At any time during the continuance of an Event of Default, to market all or any part of the Premises to prospective tenants, including, but not limited to, the right to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at reasonable hours to show the Premises to prospective tenants, provided that Landlord shall have no obligation to relet the Premises and further provided that Landlord's exercise of its rights under this Section shall not constitute or be deemed a termination of this Lease or the Building (including, without limitation, checking, calibrating, adjusting acceptance of any vacation or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation attempted surrender of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with by Tenant's business in the Premises in the course of any such entry.
Appears in 1 contract
Samples: Office Lease (Adesso Healthcare Technology Services Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting any eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesDemised Premises or giving rise to any claim for set-off or abatement of Monthly Base Rent, Additional Rent or other sums payable by Tenant hereunder:
a. (a) To name the Building and Project and to change the Building’s name or street address address, provided that Landlord shall reimburse Tenant for the reasonable costs of replacing a reasonable amount of Tenant’s stationery;
(b) To approve all signage for the exterior or interior of the Building or Project;
b. To install Building, to approve the location of said signage, and to install, affix and maintain any and all signs on the exterior and or interior of the Building and ProjectBuilding;
c. (c) To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter the Demised Premises and, during the continuance of any such work, to temporarily close doors, entryways, common or public spaces and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Demised Premises are reasonably accessible and such work does not materially affect the operation of Tenant’s business;
(d) To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein;
(e) To retain absolute dominion and control over all common or public space within the Building, including, without limitationlimitation the right to alter, checkingrelocate, calibratingreconfigure and reduce such space, adjusting provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(f) To relocate any parking areas designated for Tenant’s use and any access roads, provided such right shall not operate to exclude Tenant from the use expressly permitted herein;
(g) To erect, use and maintain pipes and conduits in and through the Demised Premises; provided that such changes (i) are performed during other than business hours, except in the event of an emergency, (ii) are performed at Landlord’s sole cost and expense, (iii) do not result in more than a de-minimis reduction in the rentable square footage of the Demised Premises or balancing controls materially and adversely interfere with Tenant’s use or occupancy of the Demised Premises, and (iv) to the extent reasonably practicable, are installed behind the walls, under the floors, or above the ceilings;
(h) To designate and approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilation, lighting and other parts similar equipment to be installed by Tenant that may be visible from the exterior of the HVAC system)Building;
(i) To use and/or lease all or any part of the roof, the sidewalks and other exterior areas of the Building; and
(j) To resubdivide the Land or to combine the Land with other lands, and in connection therewith or otherwise, to take subject the Land to office park covenants, conditions and restrictions, and this Lease shall be subject and subordinate to all steps as may be necessary such covenants, conditions and restrictions now or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryhereafter imposed.
Appears in 1 contract
Samples: Lease Agreement (Cvent Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's ’s use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's ’s vaults and safes. Access to the Premises by Landlord during non-business hours shall be limited to emergency access only unless other arrangements have been made by the Tenant;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; andand Landlord's Initials Tenant's Initials
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or of the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's ’s interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's ’s business in the Premises in the course of any such entry.
Appears in 1 contract
Samples: Office Building Lease (Pacific Coast National Bancorp)
CERTAIN RIGHTS RESERVED BY LANDLORD. A. Landlord reserves shall have the following rights, exercisable rights without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set off or abatement of rent or any other claims:
a. (1) To name the Building and Project and to change the name or street address of the Building or Project;
b. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building; except that there shall be no signs for retail or commercial tenants in the lobby of the office portion of the Building and, other than for a tenant then having 400,000 RSF or more under lease (“Large Tenant”), there shall be no sign on the exterior of the Building indicating the occupancy of any tenant in the Building without the approval of Tenant which it may reasonably withhold. If there shall be a sign proposed for a Large Tenant, Tenant shall have the right to approve: (i) the installation of the sign and (ii) the text, location, size and style of such sign, such approvals not to be unreasonably withheld or delayed, and Tenant shall also have the right to equivalent signage. All Tenant’s tights to approve under this subparagraph shall exist only so long as Tenant (including any Affiliate or Successor Entity) is not in default hereunder (beyond any applicable cure period) and occupies at least 400,000 RSF in the Building. Landlord hereby approves all Tenant signage existing as of the date hereof. Landlord shall have the right to approve (which approval not to be unreasonably withheld) all additional lobby or exterior signage proposed by Tenant and not existing as of the date hereof.
(2) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are accessible and usable and provided that Landlord shall use due diligence with respect thereto. Unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant’s business operations and, except in the case of an emergency, Landlord shall make such repairs, alterations, or replacements during non-business hours;
(3) To furnish door keys or magnetic cards for the entry door(s) in the Premises at the commencement of the Lease and to retain at all times, and to use in appropriate instances, keys or magnetic cards to all doors within and into the Premises; provided that such system will permit the Landlord upon request of Tenant to cancel the effectiveness of the card held by any shareholder or employee or invitee of Tenant upon such person’s departure from Tenant or for any other reason. Tenant agrees to purchase only from Landlord additional duplicate keys or magnetic cards as required (at Landlord’s actual cost for such keys or magnetic cards), to change no locks or magnetic card readers, and not to affix locks or magnetic card readers on doors without the prior written consent of the Landlord not to be unreasonably withheld; provided that Landlord shall respond to Tenant’s request for such consent with reasonable promptness. Upon the expiration of the Term or Tenant’s right to possession, Tenant shall return all keys or magnetic cards to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(4) To designate a building standard window covering for exclusive use throughout the Building;
(5) To approve the weight, size and location of safes, vaults, library shelving, file storage e and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord, not to be unreasonably withheld;
c. (6) To have pass keys establish reasonable controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all doors within persons using the Premises, excluding Tenant's vaults and safesBuilding after normal office hours;
d. At any time during (7) To reasonably regulate delivery and service of supplies and the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee usage of the Projectloading docks, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, receiving areas and during the last six months of the Term, to freight elevators;
(8) To show the Premises to prospective tenants thereof; within the final twelve (12) months of the Term (as the same may be extended), at reasonable times, and in a manner not to interfere with Tenant’s use and enjoyment of the Premises and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for reoccupancy;
e. (9) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations that do not unreasonably interfere with Tenant’s business;
(10) To enter the Premises at any reasonable time upon reasonable prior notice (except no notice shall be required in the case of emergency) to inspect the Premises;
(11) Only Landlord or one or more persons approved by Landlord will be permitted to furnish bootblacking and barbering. Landlord may fix the hours during which, and the regulations under which, such supplies and services are to be furnished. Landlord expressly reserves the right to act as, or to designate, at any time and from time to time, an exclusive supplier of all or any one or more of said supplies and services, provided all such supplies and services shall be furnished on a basis which is reasonably competitive to that which would otherwise be directly available to Tenant; and Landlord furthermore expressly reserves the right to exclude from the Building any person attempting to furnish any of said supplies or services but not so designated by Landlord. Notwithstanding the foregoing, Tenant shall have the right to specify the vendors for other supplies and services for the purpose of making inspectionsPremises, repairssubject to Landlord’s approval, alterationswhich approval shall not be unreasonably withheld or delayed;
(12) To close the Building after hours and on any day which is not a business day, additions or improvements subject, however, to Tenant’s right to admittance to the Premises at any time under such reasonable regulations as Landlord may prescribe from time to time, which may include but shall not be limited to, a requirement that persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting identify themselves to a watchman by registration or balancing controls otherwise and other parts of establish their right to enter or leave the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryBuilding.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. A. To change the Building's name or street address.
B. To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and Project to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable.
C. To retain at all times, and to change use at appropriate instances, keys to all doors within and into the name or street address Premises. Landlord shall give Tenant reasonable prior notice before entering the Premises except in the event of emergency. Notwithstanding the provisions for Landlord's access to portions of the Premises, Tenant relieves and releases Landlord of all responsibility arising out of thief, robbery and pilferage.
D. To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (so as not to exceed the legal live load per square foot designated by the structural engineers for the Building), and to require all such items and furniture and similar items to be moved into or Project;
b. To install and maintain all signs on the exterior and interior out of the Building and Project;
c. To have pass keys Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Building and all doors within the Premises, excluding Building are entirely at the risk and responsibility of Tenant's vaults and safes;.
d. At any time E. To show the Premises to prospective buyers or mortgagees at reasonable hours during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and Tenants at reasonable hours during the last six (6) months of the Term, and, if vacated or abandoned, to show the Premises at any time and to prospective tenants thereof; and
e. To enter prepare the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authorityre-occupancy. Landlord agrees will give at least 24 hours' notice to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim or setoff or abatement of rent or affecting any of Tenant's obligations hereunder'
(a) To change the Premises:
a. To name by which the Building is designated upon four (4) months written notice to Tenant.
(b) To decorate and Project to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, public apace and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building Building, so long as the Premises are reasonably accessible.
(c) To grant to anyone the exclusive right to conduct any business or Project;render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
b. (d) To install and maintain take all signs on such reasonable measures as Landlord may deem advisable for the exterior and interior security of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, including without limitation, checkingthe search of all persons entering or leaving the Building, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders and the closing of the Building after normal business hours and on Saturdays, Sundays and holidays' subject, however, to Tenant's right to admittance when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that person entering or requirements of governmental leaving the Building, whether or other authoritynot during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building. Notwithstanding the foregoing, Landlord agrees to use its best reasonable efforts (except in an emergency) while exercising the above rights, not to minimize interference materially interfere with the operation of Tenant's business in the Premises in the course of any such entrybusiness.
Appears in 1 contract
Samples: Lease Agreement (Spacehab Inc \Wa\)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting any eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the PremisesDemised Premises or giving rise to any claim for setoff or abatement of Monthly Base Rent or Additional Rent:
a. (a) To name the Building and Project and to change the Building's name or street address of the Building or Projectupon one hundred twenty (120) days' written notice to Tenant, unless a shorter period is required by a governmental agency which mandates such change;
b. (b) To install affix, maintain and maintain remove any and all signs on the exterior and interior of the Building Building.
(c) To designate and Project;
c. To have pass keys approve, prior to installation, all window shades, blinds, drapes, awnings, window ventilators, lighting and other similar equipment to be installed by Tenant that may be visible from the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee exterior of the Project, Demised Premises or the Building.
(d) To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, including, but not limited to, the installation of a sprinkler system and sprinkler heads, and for such purposes to enter the Demised Premises and, during the continuance of any such work, to temporarily close doors, entry ways, common or public spaces and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without affecting any of Tenant's obligations hereunder, so long as the Demised Premises are reasonably accessible.
(e) To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided Tenant is not thereby excluded from uses expressly permitted herein.
(f) To alter, relocate, reconfigure and reduce the Common Areas of the Building, as long as the Demised Premises remain reasonably accessible.
(g) To alter, relocate, reconfigure, reduce and withdraw the Common Areas located outside the Building, including parking and access roads, as long as there is not more than a de minimus adverse effect on Tenant.
(h) To erect, use and maintain pipes and conduits in and through the Demised Premises.
(i) To operate and maintain, or cause to be operated and maintained, the Common Areas in a manner deemed by Landlord to be reasonable and appropriate and in the best interest of the Building, but all Common Areas shall be subject to the Premises or the Building (includingexclusive control and management of Landlord. In exercising its rights under this Xxxxxxxxx 00, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps Xxxxxxxx shall perform any such work in such a manner as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with any disruption of Tenant's business in the Premises in the course of any such entryoperations.
Appears in 1 contract
Samples: Lease Agreement (Lecg Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord hereby reserves and ----------------------------------- shall have the following rights, exercisable without liability rights with respect to Tenant for the Premises and the Project: (a) damage or injury to propertydecorate and to make inspections, person or businessrepairs, (b) causing an actual or constructive eviction from the Premisesalterations, additions, changes, or (c) disturbing Tenant's use improvements, whether structural or possession otherwise, in and about the Project, the Building, the Premises or any part thereof; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Premises:
a. To name Project or the Building; to interrupt or suspend temporarily Building services and Project and facilities; to change the name or street address of the Building or the Project;
b. To install ; and maintain all signs on to change arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, common areas, or other public parts of the exterior and interior Building or the Project; (b) to take such measures as Landlord deems advisable in good faith for the security of the Building and Project;
c. To have pass keys its occupants (but Landlord has no obligation to provide security); to temporarily deny access to the Premises Building to any person; and all doors within to close the PremisesBuilding after ordinary business hours and on Sundays and Holidays, excluding subject, however, to Tenant's vaults right to enter when the Building is closed after ordinary business hours under such rules and safes;
d. At any regulations as Landlord may reasonably prescribe from time to time during the Term, ; and on (c) to enter the Premises at reasonable prior notice hours (or at any time in an emergency) to Tenantperform repairs, to inspect the Premises, and to show the Premises to take any prospective purchaser or mortgagee of the Projectaction authorized hereunder, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter purchasers or lenders, or, during the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building last six (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts 6) months of the HVAC system)Term, prospective tenants. However, in the event any action by Landlord under this paragraph may cause Tenant to be in violation of any applicable law or regulation specific to its bank operations, then Tenant shall give Landlord written notice and shall therein specify what action creates this violation or potential violation and shall describe in detail what action Tenant requests that Landlord refrain from taking. In no event shall Landlord be obligated to take all steps as review or investigate any laws or regulations which may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order apply to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in bank operations, other than to review the Premises in the course actual text of any such entrywritten notice described herein.
Appears in 1 contract
Samples: Office Lease (Business Bancorp /Ca/)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord and its designees, upon 24 hours prior notice to Tenant (except in the case of a bona fide emergency, in which event no notice is required) may enter the Premises at all reasonable times during business hours for the purpose of inspecting or making repairs or exhibiting the Premises to prospective purchasers and lenders or others, but not to prospective tenants (subject to the terms of this Section 12). Notwithstanding anything to the contrary contained in this Lease, except in cases of a bona fide emergency, Tenant reserves the right to require that Landlord or its designees be accompanied while inspecting the Premises by a representative, agent or employee of Tenant, and Tenant agrees promptly to timely furnish such agent, representative or employee upon request. Tenant may request that such entry be at a reasonably convenient time other than the time specified in Landlord’s notice or that such entry be during hours other than Tenant’s normal business hours. Such rights of entry shall be subject to Tenant’s reasonable security regulations or procedures. Tenant shall have the right to designate one or more portions of the Premises, not to exceed 1,000 square feet, as “security areas”, in which event Landlord shall not have access to such designated security areas, unless Landlord is accompanied by a representative of Tenant. Notwithstanding the terms of Section 10.(a) to the contrary, Landlord shall be relieved of its maintenance obligations set forth in Section 10.(a) within the security areas to the extent a representative of Tenant is not available. Landlord agrees that while exercising such right of entry or making such repairs, Landlord will use reasonable efforts to avoid materially interfering with Tenant’s business or disrupting the same. If repairs are required to be made by Tenant pursuant to the terms hereof or if Tenant is required to perform any other obligation under this Lease, then Landlord may require that Tenant make such repairs or performance of such obligation within a reasonable time after written notice from Landlord to Tenant describing the nature of and need for such repairs in reasonable detail. Thereafter, if Tenant refuses or neglects to promptly commence such repairs or perform such obligation, then Landlord may exercise its remedies in Section 16.(b)(iii) (Right to Cure) without any further notice to Tenant. For a period commencing nine months before the expiration of the Term or earlier following an Event of Default, Landlord may have reasonable access to the Premises during business hours for the purpose of exhibiting the Premises to prospective tenants. In addition, Landlord reserves the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing business and without affecting an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession or giving rise to any claim for setoff or abatement of the Premises:
a. To name the Building and Project and Rent or affecting any of Tenant’s obligations under this Lease: (a) upon 30 days’ prior notice to change the name or street address of the Building or Project;
b. To Building; (b) to install and maintain all signs on the exterior and interior of the Building Building, provided no such signs unreasonably interfere with signs installed or that may be installed by Tenant pursuant to Tenant’s signage rights under Section 8.(f) above; (c) to designate and Project;
c. To have approve window coverings to present a uniform exterior appearance; (d) to retain at all times and to use in appropriate instances, pass keys to all locks within and to the Premises and all doors Premises, except for security areas designated by Tenant; (e) to approve the weight, size, or location of heavy equipment or articles within the Premises; (f) to change the arrangement and location of entrances of passageways, excluding Tenant's vaults doors and safes;
d. At any time during doorways, corridors, elevators, stairs, restrooms and public areas of the TermBuilding, the Property or Victory Park; (g) to regulate access to telephone, electrical and on reasonable prior notice to Tenant, to inspect other utility closets in the Premises, Building and to show require use of designated contractors for any work involving access to such areas; (h) if Tenant has vacated the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspectionsperform additions, repairs, alterations, additions or alterations and improvements to the Premises in connection with a reletting or the Building (including, anticipated reletting thereof without limitation, checking, calibrating, adjusting being responsible or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable liable for the safety, protection, maintenance value or preservation of any then existing improvements to the Premises and without effectuating a surrender or entitling Tenant to any abatement of Rent; (i) to grant to anyone the exclusive right to conduct any business or undertaking in the Building or provided Landlord's interest therein, or ’s exercise of its rights under this clause (i) shall not be deemed to prohibit Tenant from the operation of its business in the Premises; and (j) to take such reasonable measures as may be necessary or desirable Landlord deems advisable for the operation or improvement security of the Building and its occupants, including evacuating the Building for cause, suspected cause or in order for drill purposes, temporarily denying access to comply with lawsthe Building and closing the Building after normal business hours and on Sundays and Holidays (subject, orders or requirements of governmental or other authorityhowever, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time). In exercising its rights under this Section 12, Landlord agrees shall use commercially reasonable efforts to use its best efforts (except in an emergency) to minimize interference avoid unreasonably interfering with Tenant's ’s business in the Premises in the course of any such entryoperations.
Appears in 1 contract
Samples: Office Lease (Plains Capital Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant's obligations under this Lease:
a. (a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; and to interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the same constituting an eviction of Tenant in whole or in part and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant's obligations under this Lease; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with unreasonably;
(b) To change the name and street address of the Building, and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or Projectfor drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant's right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
b. (d) Upon prior oral notice to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the "RELOCATION SPACE") which is comparable in size, utility and condition to the Premises. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord's notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant's reasonable out-of-pocket expenses directly related to Tenant's move to the Relocation Space. Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant's name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
c. (h) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At (j) To grant to anyone the right to conduct any time during business or render any service in the TermBuilding, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee other tenants of the Project, or Building to any assignee of any mortgage on all mail chutes according to the Project, or to others having an interest in the Project or Landlord, and during the last six months rules of the Term, to show the Premises to prospective tenants thereof; andUnited States Post Office;
e. (l) To enter the Premises at any time for the purpose of making inspectionsreasonable purposes, repairs, alterations, additions including supplying janitor service or improvements other service to the Premises be provided to Tenant under this Lease;
(m) To require all persons entering or leaving the Building (including, without limitation, checking, calibrating, adjusting during such hours as Landlord may from time to time determine to identify themselves to watchmen or balancing controls and other parts of the HVAC system)security personnel by registration or otherwise, and to establish their right to enter or leave the Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take all steps as may be such action or preventive measures deemed necessary or desirable by Landlord for the safety, protection, maintenance or preservation safety of the Premises tenants or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement other occupants of the Building or the protection of the Building and the property in order the Building. Tenant agrees to comply with lawscooperate in any reasonable safety program developed by Landlord; and
(n) From time to time to make and adopt such reasonable rules and regulations, orders or requirements of governmental in addition to or other authority. than or by way of amendment or modification of the rules and regulations contained in Exhibit A attached to this Lease or other sections of this Lease, for the protection and welfare of the Building, its tenants and occupants, as Landlord may determine, and Tenant agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any abide by all such entryrules and regulations.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use or possession or giving rise to any claim for Set-off or abatement of Rent:
(ba) causing an actual To decorate and to make repairs, alterations, additions, changes or constructive eviction from improvements, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or (c) disturbing Tenant's use any part thereof, and for such purposes to enter upon the Premises, the Building or possession other parts of the Park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises:
a. To name , the Building or other parts of the Park, to store materials in the Premises, to interrupt or temporarily suspend Building services and Project facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible. Landlord will use its best efforts to effect such changes without unnecessarily disrupting Tenant’s operations.
(b) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(d) To take all such reasonable measures as Landlord may deem advisable for the security of the Building or Project;
b. To install Property and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders and the closing of the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to Tenant’s right to admittance when the Building is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or requirements of governmental leaving the Building, whether or other authority. Landlord agrees not during Customary Business Hours, use a pass key, or identify themselves to use its best efforts (except in an emergency) a security officer by registration or otherwise and that such persons establish their right to minimize interference with Tenant's business in enter or leave the Premises in the course of any such entryBuilding.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name the Building and Project and (a) to change the Building's name or street address of the Building or Projectaddress;
b. To install (b) to install, affix and maintain any and all signs on the exterior and on the interior of the Building;
(c) to decorate or to make changes, repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the configuration of, and elimination of, any common areas), in and about the Building and Property or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities; but Landlord shall endeavor to perform any such work in or about the Premises so as to cause the minimum inconvenience to Tenant practicable under the circumstances;
(d) to designate and approve all window coverings used in the Building;
(e) to approve, disapprove or restrict the weight, size and location or safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Tenant's movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises;
c. To have pass keys (f) to establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours;
(g) to regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and all doors within to avoid congestion of the Premisesloading docks, excluding Tenant's vaults receiving areas and safesfreight elevators;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, (h) to show the Premises to prospective tenants thereofat reasonable hours during the last twelve months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy;
(i) to erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations; and
e. To (j) to enter the Premises for at any reasonable time to inspect the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryPremises.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the damage or injury to property, (b) causing person or business on account of the exercise thereof, and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesLeased Premises and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
a. A. To name the Building and Project and to change the name or street address of the Building or Project;Building.
b. B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;elsewhere on the Property in accordance with then-current sign ordinances and safety codes. No sign, advertisement or notice referring to Tenant shall be inscribed, painted, affixed or otherwise displayed on any part of the exterior or the interior of the Buildings except on the directories and the doors of offices and such other areas as are designated by Landlord, and then only in such place, number, size, color and style as are approved by Landlord. All of Tenant's signs that are approved by Landlord shall be installed by Landlord at Tenant's cost and expense except as may be provided in Landlord's Work. If any sign, advertisement or notice that has not been approved by Landlord is exhibited or installed by Tenant, Landlord shall have the right to remove the same at Tenant's expense.
c. C. To have pass keys decorate and also to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Premises Property, or any part thereof, and all doors within for such purposes to enter upon the Leased Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable upon prior written or verbal notice to TenantTenant (unless Landlord, to inspect the Premisesin its reasonable discretion, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having deems an interest in the Project or Landlordemergency), and during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building, all without affecting any of Tenant's obligations hereunder, so long as the Leased Premises are reasonably accessible and usable.
D. To furnish door keys for the entry door(s) in the Leased Premises at the commencement of the Term and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Leased Premises, subject to any applicable governmental regulations. Tenant agrees to purchase only from Landlord additional duplicate keys as required and change no locks and, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, to affix no locks on doors of or in the Leased Premises. Upon the expiration of the Term or Tenant's right to possession Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Lease Premises, unless such disclosure is in violation of governmental regulations.
E. To designate and approve all blinds, curtains, drapes, shades, screens, lights, and ceilings such that when viewed from the exterior or public lobbies of the Building, the Building presents a uniform, attractive appearance. Tenant shall comply with all such reasonable standards prescribed by Landlord.
F. To reasonably approve, reasonably disapprove, and otherwise restrict and regulate the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Leased Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Leased Premises only at such times and in such manner and using facilities in and about the Building as Landlord shall direct in writing; provided, however, that any such approval concerning safes and vaults in the Leased Premises shall not be unreasonably withheld, delayed or conditioned. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Leased Premises without the prior written consent of Landlord. Tenant shall not install any equipment of any type or nature that will or may necessitate any changes, replacements or additions to, or in the use of, the water system, heating system, plumbing system, air conditioning system or electrical system of the Leased Premises or the Building, without first obtaining the prior written consent of Landlord. Machines and equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, upon Landlord's prior written approval, on vibration eliminators or other devices sufficient to reduce such noise and vibration to a level satisfactory to Landlord, in Landlord's reasonable discretion. Movement of Tenant's property into or out of the Building or Leased Premises and within the Building is entirely at the risk and responsibility of Tenant, except that Landlord shall be liable for damage or loss caused by the negligence or willful misconduct of Landlord, any Affiliate of Landlord, or any agent, employee, contractor, subcontractor or servant of Landlord or any such Affiliate, and Landlord reserves the right to require permits satisfactory to Landlord before allowing any property to be moved into or out of the Building or Leased Premises.
G. To establish controls and rules for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Leased Premises and all person using the Building after normal office hours, unless such controls or rules violate governmental regulations.
H. To regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators unless such regulation violates governmental regulations.
I. To show the Leased Premises to all prospective tenants within the last six (6) months of the Term, and to purchasers or lenders at all reasonable times and, if the Leased Premises are vacated or abandoned, to show the Leased Premises to all prospective tenants thereof; andat all reasonable times.
e. J. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Leased Premises at reasonable locations provided that the same does not make the Leased Premises untenantable or interfere unreasonably with the Tenant's rights under Paragraph 26 of this Lease.
K. Upon prior verbal or written notice to Tenant (unless Landlord, in its reasonable discretion deems an emergency), to enter the Lease Premises for at any reasonable time to inspect the purpose Leased Premises and to perform Landlord's obligations hereunder or under any lease to a tenant of making inspectionsthe Building (except janitorial services, repairswhich services shall be performed without prior notice and, alterationsunless otherwise requested by Tenant, additions or will be performed after hours). After the completion of the initial improvements to the Premises Leased Premises, Landlord shall give Tenant at least one day's prior oral or written notice of each entry except in an emergency.
L. To grant to any person or to reserve unto itself the Building (including, without limitation, checking, calibrating, adjusting exclusive right to conduct any business or balancing controls and other parts render any service in the Building. If in connection with the maintenance of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest thereinproviding services required of it hereunder, any services or supplies are made available by Landlord or an Affiliate thereof, or Landlord arranges a master contract therefor, Tenant agrees to obtain its requirements therefor, if any, from Landlord or from the contractor under any such contract, provided that the charges therefor are comparable to the charges customarily charged by third parties in the market.
M. To control access to parking areas on the Property by means of "key cards" or otherwise, to reconfigure the parking areas, to close off parking areas and to designate certain on-site parking spaces as may be necessary reserved parking spaces, as long as there is adequate parking to satisfy the requirements of all applicable laws, ordinances, codes, rules and regulations of any governmental agency having jurisdiction of the Property.
N. To retain, or desirable for to grant to any person, exclusive right to use and/or lease the operation roof and the sidewalks, parking areas (except as otherwise provided herein) and other exterior areas of the Property.
O. To alter the boundaries of the Land, grant easements or improvement dedications regarding the Land, resubdivide the Land or to combine the Land with other lands.
P. To subject the Property to covenants, conditions and restrictions which are intended to ensure the harmonious and orderly use of the Building and to provide for the maintenance and upkeep of common areas, and this Lease shall be subject and subordinate to all such covenants and conditions now or in order hereafter imposed provided that they do not unreasonably interfere with Tenant's rights under Paragraph 26. Tenant agrees to comply observe and be bound by each and every covenant and restriction to which the Land is now subject or is hereinafter subjected, insofar as any such covenant or restriction affects the Leased Premises or Tenant's use thereof provided that they do not unreasonably interfere with laws, orders or requirements of governmental or other authorityTenant's rights under Paragraph 26. Landlord agrees to use its best efforts (except enforce the provisions of this Paragraph 21 in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrya nondiscriminating manner.
Appears in 1 contract
Samples: Office Lease (Hagler Bailly Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves has the following rights, exercisable without liability notice to Tenant and without causing an eviction (constructive or actual) or disturbance of Tenant's possession of the Premises and without giving rise to any claim for setoff or abatement of rent:
(a) damage or injury to propertydesignate and approve, person or businessprior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Building;
(b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to enter upon the Premises and all doors within the Premisesat reasonable hours to inspect, excluding Tenant's vaults and safes;
d. At clean or make repairs or alterations (without implying any time during the Term, and on reasonable prior notice obligation to Tenant, to inspect the Premises, do so) and to show the Premises to any prospective purchaser or mortgagee of lenders, purchasers and tenants and, f the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the TermPremises are vacated, to show prepare them for reoccupancy;
(c) to retain and use in appropriate instances keys to all doors into and within the Premises to prospective tenants thereof(Tenant will not change or add locks without the prior written consent of Landlord); and
e. To enter the Premises for the purpose of making inspections, (d) to decorate and to make repairs, alterations, additions or improvements (whether structural or otherwise) to and about the Building, and, for such purposes, to enter upon the Premises, to temporarily close doors, entryways, public space and corridors in the Building, to temporarily suspend Building Services and facilities and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other Common Areas, all without abatement of rent or impairing Tenant's obligations so long as the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls remain reasonably accessible and other parts of the HVAC system), and to take all steps as may be necessary or desirable fit for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or use expressly permitted in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrythis Lease.
Appears in 1 contract
Samples: Office Building Lease (Mediware Information Systems Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, except as set forth below, and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession or giving rise to any claim for set-off or abatement of the PremisesRent, except that Landlord shall remain liable for its and its agents’ gross negligence:
a. (a) To name the Building and Project and to change the Building’s name or street address of the Building or Project;address.
b. (b) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
(c) To designate and Project;
c. To have pass keys approve, prior to the Premises and installation, all doors within the Premisestypes of window shades, excluding Tenant's vaults and safes;
d. At any time during the Termblinds, drapes, and on other similar equipment, and to control all internal lighting that may be visible from the exterior of the Building.
(d) On reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any (i) prospective purchaser or mortgagee of the Projecttenants at reasonable hours and, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Termif vacated, to show the Premises to prospective tenants thereof; and
e. To enter decorate, remodel, repair or otherwise prepare the Premises for re-occupancy without affecting Tenant’s obligation to pay Rent, and (ii) others having a legitimate interest at any time during the purpose Term of making inspectionsthis Lease.
(e) To retain at all times, and to use in appropriate instances, keys and combinations to all doors into the Premises. No locks or combinations shall be changed without the prior written consent of Landlord.
(f) To decorate or to make repairs and/or replacement of windows, Building façade or any components of the Building envelope or other Building systems (in Landlord’s sole discretion) or any other repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises at reasonable times with prior written notice to Tenant, and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and useable.
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it.
(h) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(i) To approve the weight, size and location of safes, filing systems and other heavy equipment and bulky articles in and about the Premises and the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts so as not to overload the floors of the HVAC systemPremises), and to take require all steps such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Any damages done to the Building or Premises or to other tenants in the Building by taking in or putting out safes, furniture and other items, or from overloading the floor in any way, shall be paid by Tenant. Movements of Tenant’s property into or out of the Building and within the Building are entirety at the risk and responsibility of Tenant.
(j) To construct additions to the Building in such locations as may be necessary designated by Landlord from time to time. Landlord agrees that any such construction shall not prohibit or desirable for the safety, protection, maintenance impair Tenant’s use of either Premises A or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement B. Any newly constructed areas of the Building shall not be deemed part of either Premises A or in order to comply with laws, orders or requirements of governmental or other authorityPremises B hereunder. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in may enter upon the Premises and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant, except to the course extent of any such entryliability arising from Landlord’s or its agents’ gross negligence.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, except as otherwise stated, and without liability to Tenant for (a) damage damages or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the Premisesor giving rise to any claim for set- off or abatement except as otherwise expressly provided herein:
a. (A) To change the Building's name the Building and Project and or street address. Landlord agrees to give Tenant one hundred eighty (180) days prior notice of such change of street address (except where Landlord is required to change the name or street address of the Building or Project;by any governmental authority).
b. (B) To install install, affix and maintain any and all signs on the exterior and interior of the Building.
(C) To designate and approve, prior to installation by Tenant, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to reasonably control all internal lighting that may be visible from the exterior of the Building so as to promote the uniformity or harmony of appearance of the exterior of the Building.
(D) Except as provided otherwise in this Lease, to reserve to Landlord the exclusive right to designate, limit, restrict and Project;
c. To have pass keys control any business or any service in or to the Premises and all doors within Building.
(E) To grant to anyone the Premisesexclusive right to conduct any business or render any service in or to the Building, excluding Tenant's vaults and safes;
d. At any time during provided such exclusive right shall not operate to exclude Tenant from the Term, and on reasonable prior notice use expressly permitted herein or increase the costs therefor to Tenant, to inspect and the Premises, rates charged by any such vendor shall be competitive market rates.
(F) To impose reasonable rules and to show regulations regarding the placing of vending or dispensing machines of any kind in or about the Premises to any prospective purchaser or mortgagee without the prior written permission of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to .
(G) To show the Premises to prospective tenants thereof; andat reasonable hours by appointment during the last nine (9) months of the Term, as it may be extended.
e. (H) To enter reasonably approve the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed the legal live load), and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Subject to the provisions of Articles 11 and 25, any damages done to the Building or to other tenants in the Building by taking in or taking out safes, furniture, and other articles or from overloading the floor in any way shall be paid by Tenant. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in a freight elevator when such service is available. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require registration before allowing any such property to be moved into or out of the Building. Landlord reserves the right to reasonably regulate the movement of, and to inspect, all property and packages brought into or out of the Building to enforce compliance with the terms of this Lease and to reasonably regulate delivery and service of supplies and the usage of loading docks, receiving areas and freight elevators. Landlord shall not discriminate against Tenant in its right to use such loading docks, receiving areas and freight elevators in conjunction with other tenants.
(I) To have access for Landlord to any mail chutes located on the purpose Premises according to the rules of making inspectionsthe United States Postal Service.
(J) To close the Building after regular working hours and on Saturdays, repairsSundays and holidays established by Landlord (subject to the limitations set forth herein) from time to time subject, alterationshowever, additions to Tenant's right to admittance under such reasonable regulations as Landlord may prescribe from time to time, which may include, by way of example but not of limitation, that persons entering or improvements leaving the Building identify themselves to a security officer by registration or otherwise and that said persons comply with Landlord's regulations concerning their and leaving the Building (Landlord agrees to furnish to Tenant prior notice in the case of any scheduled Building shutdown when Tenant shall not be able to gain access to the Premises provided such notice shall not limit or affect any rights granted to Tenant in Article 9 hereof).
(K) To change the arrangement, configuration, size or location of entrances, passageways, doors and doorways, corridors, stairs, toilets, elevators and escalators and other public service portions of the Building and the Property not contained within the Premises or any part thereof, so long as Landlord uses reasonable efforts to give Tenant prior notice in the event of any changes to common areas of the Building directly and materially serving the Premises or the Antennae on the Roof and so long as any such change does not materially and adversely affect Tenant's ability to conduct its business in the Premises or Tenant's access to the Premises or access to the Antennae on the Roof.
(L) To change the character or use of any part of the Building or the Property.
(includingM) Subject to the rights granted Tenant in Article 40 hereof, without limitationto use for itself the roof, checkingthe exterior portions of the Premises and such areas within the Premises (so long as the useable area of the Premises is not materially reduced) required for structural columns and their enclosures and the installation of utility lines, calibrating, adjusting or balancing controls Building systems and other parts of installations required to service the HVAC system)Building, the Property or tenants or occupants thereof and to take all steps as may be necessary or desirable maintain and repair same, no rights being hereby conferred upon Tenant, and, unless otherwise specifically provided herein, to exercise for itself any rights to the safety, protection, maintenance or preservation land and improvements below the floor level of the Premises or the Building air .rights above the Premises and to the land and improvements located on and within the public areas. Neither Tenant nor its employees, invitees, guests and agents shall, without obtaining in each instance the prior written consent of Landlord (which consent shall not be unreasonably withheld or Landlord's interest thereindelayed, and shall be conditioned upon such requirements as Landlord deems appropriate) (1) go above or through suspended ceilings, (2) remove any ceiling tiles or affix anything thereto, remove anything therefrom or cut into or alter the same in any way, (3) enter fan rooms or other mechanical spaces, or as may be necessary (4) open doors or desirable for the operation or improvement of the remove panels providing access to utility lines, Building or in order to comply with laws, orders or requirements of governmental systems or other authority. Landlord agrees installations required to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryservice tenants.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession or giving rise to any claim for setoff or abatement of the PremisesRent:
a. (a) To name decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Property, or any part thereof, and for such purposes, following reasonable written notice, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and Project facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of Rent or affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible.
(b) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber them.
(c) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(d) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(e) To have access for Landlord and other tenants of the Building or Project;
b. To install and maintain all signs to any mail chutes located on the exterior and interior Premises according to the rules of the Building and Project;United States Postal Service.
c. (f) To have pass keys to take all such reasonable measures as Landlord may deem advisable for the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectProperty and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders and the closing of the Building after normal business hours and on Saturdays, Sunday and Holidays, subject, however, to Tenant’s right to admittance when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or requirements of governmental leaving the Building, whether or other authority. Landlord agrees not during normal business hours, identify themselves to use its best efforts (except in an emergency) a security officer by registration or otherwise and that such persons establish their right to minimize interference with Tenant's business in enter or leave the Premises in the course of any such entryBuilding.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (aA) damage or injury to property, person or business, (bB) causing an actual or constructive eviction from the Premises, or (cC) disturbing Tenant's use or possession of the Premises:
a. To (i) Landlord shall either name the Building and Project and to change the name or after its street address of or the Building or Project;"RemedyTemp Building". Landlord will reasonably cooperate with any Tenant efforts to obtain a suave street address number for the Building.
b. To (ii) Subject to Section 36.1, to install and maintain all signs on the exterior and interior of the Building and Project;
c. (iii) To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safesProtected Areas (defined in (vi) below);
d. (iv) At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. (v) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or of the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
(vi) Tenant shall be entitled to reasonably designate vaults, computer rooms and other enclosed and secured areas within the Premises containing specially protected or confidential information ("Protected Areas"). Landlord's right to access to Protected Areas shall be limited to (A) access on shortened or no notice in the case of an apparent emergency potentially endangering persons or property, and (B) otherwise, access during normal business hours and on reasonable advance notice to enable Tenant's personnel to escort Landlord; provided that with respect to any vaults or Protected Areas which are protected with fireproof walls, floors and ceilings, Landlord's access right is limited to subsection (B). Landlord shall have no obligation to provide janitorial and cleaning services to Protected Areas, and Tenant
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice (except to the extent expressly provided herein) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises or giving rise to any claim for damages, set-off or abatement of Rent:
a. To name (a) if required by the Building and Project and County or any other Governmental Authority, to change the name or Facility’s street address upon thirty (30) days prior written notice;
(b) to the extent any of the Building following items are not designated in the Plans, to approve (which approval shall not be unreasonably withheld or Projectdelayed) prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and all internal lighting that may be visible from the exterior of the Facility;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, (c) to show the Premises to prospective purchasers and lenders at reasonable hours upon reasonable prior oral notice during the entire Term, and to prospective tenants thereofat reasonable hours upon reasonable prior oral notice during the last twelve (12) months of the Term, and if the Premises are vacated in a manner which constitutes a Default by Tenant under Section 19 hereof, to prepare the Premises for re-occupancy.
(d) to have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(e) to impose reasonable conditions on the movement and location of equipment and articles in and about the Facility so as not to exceed the live load specified in the Plans; and
e. To enter the Premises for the purpose of making inspections(f) to retain at all times, repairsand, alterations, additions or improvements subject to the Premises notification requirements set forth in this Lease, to use in furtherance of Landlord’s rights under the Lease, keys and security access cards and/or codes to all doors within and into the Facility. No locks or security access cards and/or codes within or into the Building (includingFacility shall be added or changed without Landlord’s prior written consent, without limitation, checking, calibrating, adjusting which consent shall not be unreasonably withheld or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authoritydelayed. Landlord agrees shall keep all keys and security access cards under Landlord’s control. Failure by Landlord to use its best efforts (except in an emergency) any key or access card or code shall never render Landlord liable to minimize interference with Tenant's business any Tenant Related Party in the Premises event: (i) Landlord has not previously been provided all applicable keys, security cards and/or access codes in accordance with this Section 15(f); and/or (ii) access is required in the course event of any emergency and such entrykeys, security cards and/or access codes are not immediately available.
Appears in 1 contract
Samples: Lease Agreement (Cryolife Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement of the PremisesRent:
a. (a) To name decorate and to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Property, or any part thereof, and for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and Project facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
(b) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber them.
(c) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(d) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(e) To have access for Landlord and other tenants of the Building or Project;
b. To install and maintain all signs to any mail chutes located on the exterior and interior Premises according to the rules of the Building and Project;United States Postal Service.
c. (f) To have pass keys to take all such reasonable measures as Landlord may deem advisable for the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee security of the ProjectProperty and its occupants, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after normal business hours and on Saturdays, Sunday and Holidays, subject, however, to use its best efforts (except in an emergency) to minimize interference with Tenant's right to admittance when the Building is closed after normal business in hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the Premises in Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the course of any such entryBuilding.
Appears in 1 contract
Samples: Office Building Lease Agreement (Appliedtheory Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Provided that the exercise of such rights does not unreasonably interfere with Xxxxxx's occupancy of the Premises, Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury to propertydecorate and to make inspections, person or businessrepairs, (b) causing an actual or constructive eviction from the Premisesalterations, additions, changes, or (c) disturbing Tenant's use improvements, whether structural or possession otherwise, in and about the Building, or any part thereof; for such purposes, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Premises:
a. To name the Building; to interrupt or temporarily suspend Building services and Project facilities; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the Building or ProjectBuilding;
b. To install and maintain all signs on (b) to take such reasonable measures as Landlord deems advisable for the exterior and interior security of the Building and Project;
c. To have pass keys its occupants, including without limitation searching all persons entering or leaving the Building; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Premises Building; and all doors within closing the PremisesBuilding after Customary Business Hours and on Saturdays, excluding Sundays, and Holidays, subject, however, to Tenant's vaults right to enter the Building twenty-four (24) hours per day, seven (7) days per week, under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and safes;that such persons establish their right to enter or leave the Building; and
d. At (c) to enter the Premises at all reasonable hours and upon reasonable notice to Tenant (which may be verbal) at any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee Term of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, Lease to show the Premises to prospective tenants thereof; and
e. To enter purchasers and lenders and during the final year of the initial Term (or, if Tenant shall timely and validly exercise an extension option as provided in EXHIBIT F, during the final year of the extended Lease Term) to show the Premises for to prospective tenants; provided that Tenant shall have the purpose of making inspections, repairs, alterations, additions or improvements right to have a representative present during such entry if Tenant so elects. Notwithstanding anything to the Premises contrary contained herein, Tenant shall be entitled, during the Lease Term to designate a reasonable portion (or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation portions) of the Premises as a "SECURED AREA" and to install door locks or other access control systems as necessary to secure such Secured Area(s), provided that Tenant gives Landlord prior written notice of Tenant's designation of such Secured Area(s) and that such Secured Area(s) shall be used by Tenant solely for the Building purposes permitted under this Lease. Tenant hereby agrees and acknowledges that Landlord shall have no obligation to perform janitorial services in such Secured Area(s) unless Tenant provides Landlord a written request for same and provides Landlord with access to such Secured Area(s) (by providing Landlord a key or other device, by scheduling Landlord's interest therein, entry with an escort or as may be necessary or desirable for the operation or improvement of the Building or in order to comply otherwise). If Tenant does not provide Landlord with laws, orders or requirements of governmental a key or other authoritydevice to gain access to such Secured Area(s), Landlord shall have the right to use reasonable force to gain access to such Secured Area(s) in the case of emergency and Landlord shall have no liability whatsoever to Tenant in connection therewith. Landlord agrees and Xxxxxx hereby agree and acknowledge that, except as provided in the immediately preceding sentence, Landlord shall enter such Secured Area(s) only upon one (1) business days' prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use its best commercially reasonable efforts (except in an emergencyto schedule any such entries into the Secured Area(s) by Landlord at times that are mutually convenient to minimize interference with both Landlord and Tenant, taking into consideration the nature of Tenant's business operations in the Premises in the course of any Premises. Tenant agrees that Tenant shall be responsible, at its sole cost and expense, for complying with all applicable laws regarding such entrySecured Area(s).
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or and possession of the Premises:Premises or giving rise to any claim for set-off or abatement of rent.
a. A. To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. B. To install install, affix, maintain and maintain remove any and all signs on the exterior and or interior of the Building Building; provided, however, Landlord acknowledges that Tenant desires certain signage, and Project;
c. To have pass keys Landlord agrees to cooperate as reasonably required to accomplish this task at the sole cost and expense of Tenant and subject to the Premises approval of Landlord and applicable municipal authorities, Tenant shall be permitted to install exterior signage on the Building at its sole cost and expense.
C. To designate and/or approve or disapprove, prior to installation, all doors within the Premiseswindow shades, excluding Tenant's vaults blinds, drapes, awnings, window ventilators and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premisesother similar equipment, and to show control all internal lighting, that may be visible from the Premises to any prospective purchaser or mortgagee exterior of the Project, Building.
D. To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions or improvements to the Premises improvements, whether structural or the Building (includingotherwise, without limitation, checking, calibrating, adjusting or balancing controls in and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or about the Building or Landlord's interest thereinany part thereof, or as may be necessary or desirable and for such purposes to enter the operation or improvement of Premises, and during the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course continuance of any such entrywork, to temporarily close doors, entry ways, common or public spaces and corridors in the Building and to interrupt or temporarily suspend Building obligations hereunder, so long as the Premises are reasonably accessible. Landlord will coordinate with Tenant to minimize to a reasonable extent any interruption to Tenant’s business.
E. To grant to anyone the exclusive right to conduct any business or render any service in the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
F. To retain absolute dominion and control over all common or public space within the Building notwithstanding any obligations of Tenant to pay rent or expenses for a pro rata portion thereof.
Appears in 1 contract
Samples: Lease (MPC Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesLeased Premises nor shall such exercise give rise to any claim for set-off or abatement of rent or any other claim:
a. A. To name the Building and Project and to change the name or street address of the Building or Project;Building.
b. B. To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage elsewhere on the Project, or Property.
C. To decorate and also to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, or improvements to improvements, whether structural or otherwise, in and about the Premises Property, or the Building any part thereof (including, without limitation, checking, calibrating, adjusting alterations in locations or balancing controls and other parts configurations of any common areas of the HVAC systemBuilding), and for such purposes to take enter upon the Leased Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all steps without affecting any of Tenant’s obligations hereunder, so long as may be necessary the Leased Premises are reasonably accessible and usable.
D. To furnish door keys or desirable other entry devices for the safety, protection, maintenance or preservation entry door(s) in the Leased Premises at the commencement of the Term and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Leased Premises.
E. To designate and approve all window coverings used in the Building.
F. To approve the weight, size and location of safes, vaults, computers, word processing equipment and other heavy equipment and articles in and about the Leased Premises or and the Building or Landlord's interest therein, or so as may be necessary or desirable not to exceed the legal live load per square foot designated by the structural engineers for the operation Building, and to require all such items and furniture and similar items to be moved into or improvement out of the Building and Leased Premises only at such times and in such manner as Landlord shall direct in writing.
G. To establish controls and rules for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Leased Premises and all persons using the Building after normal office hours.
H. To regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
I. To show the Leased Premises to prospective tenants at reasonable times and, if vacated or abandoned, to show the Leased Premises at any time and to prepare the Leased Premises for re-occupancy.
J. To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in order and through the Leased Premises at reasonable locations.
K. To enter the Leased Premises at any reasonable time to comply with inspect the Leased Premises.
L. To grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building, including, without limitation, janitorial services.
M. To control access to parking areas on the Property by means of “key cards” or otherwise, to reconfigure the parking areas, to close off parking areas and to designate certain on-site parking spaces as reserved parking spaces, as long as there is parking which is adequate to satisfy the requirements of all applicable laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course ordinances, codes, rules and regulations of any such entrygovernmental agency having jurisdiction of the Property.
Appears in 1 contract
Samples: Lease Agreement (Stockeryale Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage damages or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for set-off or abatement of the Premisesrent:
a. (A) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. (B) To install install, affix and maintain any and all signs on the exterior and interior of the Building Building.
(C) To designate and Project;
c. To have pass keys approve, prior to the Premises installation, all types of window shades, blinds, drapes, awnings, window ventilators and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premisesother similar equipment, and to show control all internal lighting that may be visible from the exterior of the Building.
(D) To reserve to Landlord the exclusive right to designate, limit, restrict and control any business or any service in or to the Building and its tenants.
(E) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(F) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises to any prospective purchaser or mortgagee without the prior written permission of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to .
(G) To show the Premises to prospective tenants at reasonable hours during the last twelve (12) months of the Term and if vacated during such year to prepare the Premises for re-occupancy.
(H) To approve the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed the legal live load), and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Any damages done to the Building or to other tenants in the Building by taking in or putting out safes, and other articles or from overloading the floor in any way shall be paid by Tenant. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in a freight elevator, at such times as the building manager shall fix. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building. Landlord reserves the right to regulate the movement of, and to inspect, all property and packages brought into or out of the Building to enforce compliance with the terms of this Lease and to regulate delivery and service of supplies and the usage of loading docks, receiving areas and freight elevators.
(I) To have access for the Landlord and other Tenant of the Building to any mail chutes located on the Premises according to the rules of the United States Postal Service.
(J) To close the Building after regular working hours and on Saturdays, Sundays and holidays established by Landlord from time to time subject, however, to Tenant's right to admittance under such regulations as Landlord may prescribe from time to time, which may include, by way of example, but not of limitation, that persons entering or leaving the Building identify themselves to a security officer by registration or otherwise and that said persons establish their right to enter or leave the Building.
(K) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, the Property and the Premises, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building or the Property and to interrupt or temporarily suspend Building services and facilities, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible for the use provided under this Lease.
(L) To change the arrangement, configuration, size or location of entrances, passageways, doors and doorways, corridors, stairs, toilets and other public service portions of the Building and the Property not contained within the Premises or any part thereof.
(M) To change the character or use of any part of the Building or the Property.
(N) To use for itself the roof, the exterior portions of the Premises and such areas within the Premises required for structural columns and their enclosures and the installation of utility lines, Building systems and other installations required to service the Building, the Property or tenants or occupants and to maintain and repair same, no rights being hereby conferred upon Tenant, and, unless otherwise specifically provided herein, to exercise for itself all rights to the land and improvements below the floor level of the Premises on the air rights above the Premises and to the land and improvements located on and within the public areas. Neither Tenant nor its employees, invitees, guests and agents shall, without obtaining in each instance the prior written consent of Landlord, which consent shall be conditioned upon such requirements as Landlord deems appropriate, (1) go above or through suspended ceilings, (2) remove any ceiling tiles or affix anything thereto, remove anything therefrom or cut into or alter the same in any way, (3) enter fan rooms or other mechanical spaces, or (4) open doors or remove panels providing access to utility lines, Building systems or other installations required to service tenants.
(O) At any time hereafter, provided Landlord shall first give Tenant at least forty-five (45) days' written notice thereof, to substitute for the Premises other premises in the Building (herein referred to as "the new premises"), in which event the new premises will be deemed to be the Premises for all purposes under this Lease, provided: the new premises shall be similar to the Premises in size and configuration and shall be usable for Tenant's purposes, and such change shall be made in order to install a necessary Building system or in the sole discretion of Landlord to alter, improve or replace common areas or elements of the Building. If Tenant is already in occupancy of the Premises, then, in addition (1) Landlord shall pay the expense of Tenant for moving from the Premises to the new premises and improving the new premises so that they are substantially similar to the Premises; andand (2) such move shall be made during evenings, weekends, or otherwise so as to avoid unreasonable inconvenience to Tenant.
e. (P) To enter the Premises for the purpose of making inspections, repairs, alterations, additions inspecting them for general condition and state of repair or improvements to the Premises effecting repairs or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable modifications for the safetybenefit of Landlord, protection, maintenance or preservation of the Premises or the Building or Landlord's interest thereinTenant, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.other
Appears in 1 contract
Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. 31.1. Landlord hereby reserves to itself and its successors and assigns the following rights, exercisable without liability rights (all of which are hereby consented to Tenant for by Tenant):
(a) damage or injury to property, person or business, change the name of the Building;
(b) causing at any time and from time to time, as often as Landlord deems desirable, without the same constituting an actual or constructive eviction from and without incurring any liability to Tenant or otherwise affecting Tenant’s obligations under this Lease, to make changes, alterations, additions, improvements, repairs, relocations or replacements in or to the Building and the fixtures and equipment thereof, as well as in or to the street entrances, hallways, passageways, doors, doorways, corridors, elevators, stairs, toilets, and other common areas thereof, or other public parts of the Building; provided same do not reduce the size of the Premises or materially and adversely affect access to and Tenant’s use of the Premises, or ;
(c) disturbing Tenant's use or possession from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Premises:
a. To name Building, above the Building and Project and to change ceiling surfaces, below the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors floor surfaces, within the Premises, excluding Tenant's vaults walls and safes;
d. At any time during in the Term, and on reasonable prior notice to Tenant, to inspect central core areas of the Premises, and to show relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises to any prospective purchaser which are located in the Premises or mortgagee located elsewhere outside the Premises, provided that same shall not decrease the size of the Project, Premises nor materially interfere with Xxxxxx's use of or access to the Premises and any assignee of any mortgage on such pipes or conduits shall be concealed along the Project, or to others having an interest in the Project or Landlord, walls and during the last six months ceilings of the Term, to show the Premises to prospective tenants thereofPremises; and
e. To enter (d) from time to time to (i) to control and operate the public portions of the Building and the public facilities, as well as facilities furnished for the common use of the tenants, in such a manner as it deems best for the benefit of tenants generally, and (ii) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building. Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, actual or constructive, or a disturbance or interruption of the business of Tenant or of Tenant's use or occupancy of the Premises. Xxxxxxxx agrees to provide Tenant with reasonable advance notice of any entry by Landlord into the Premises pursuant to this subsection except in circumstances believed by Landlord to constitute an emergency and to use all reasonable efforts to minimize disruption to Tenant's business operations in the exercise of its rights granted under this subsection. Nothing contained herein shall be deemed to relieve Tenant of any duty, obligation or liability with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government or other authority; and nothing contained herein 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 expressly provided in this Lease.
31.2. Landlord may, at any time or from time to time during the term of this Lease, perform substantial renovation work in and to the Building or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair or replacement of the Building’s exterior façade, exterior window glass, elevators, electrical systems, air conditioning and ventilating systems, plumbing system, common hallways, or lobby), any of which work may require access to the same from within the Premises. Tenant agrees that Landlord shall have access to the Premises at all reasonable times, upon reasonable notice, for the purpose of making inspectionsperforming such work, repairsand Landlord shall incur no liability to Tenant, alterationsnor shall Tenant be entitled to any abatement of rent on account of any noise, additions vibration, or improvements other disturbance to Tenant’s business at the Premises that shall arise out of said access by Landlord or by the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts performance by Landlord of the HVAC system), and aforesaid renovations at the Building. Landlord shall use reasonable efforts (which shall not include any obligation to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation employ labor at overtime rates) to avoid disruption of Tenant’s business during any such entry upon the Premises or the Building or by Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
Appears in 1 contract
Samples: Deed of Lease
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim or setoff or abatement of the Premisesrent or affecting any of Tenant's obligations hereunder:
a. (a) To change the name by which the Building is designated upon four (4) months written notice to Tenant.
(b) To decorate and Project to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building Building, so long as the Premises are reasonably accessible. Landlord shall use reasonable efforts not to interfere with the operation of Tenant's business when exercising its rights under the provisions of this subsection (b).
(c) To grant to anyone the exclusive right to conduct any business or Project;render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
b. (d) To install and maintain take all signs on such reasonable measures as Landlord may deem advisable for the exterior and interior security of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, including without limitation, checkingthe search of all persons entering or leaving the Building, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after normal business hours and on Saturdays, Sundays and holidays; subject, however, to use its best efforts (except in an emergency) to minimize interference with Tenant's right to admittance when the Building is closed after normal business in hours or on Saturdays, Sundays and holidays, under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that person entering or leaving the Premises in Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the course of any such entryBuilding.
Appears in 1 contract
Samples: Lease Agreement (Averstar Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable rights which may be exercised without notice (except as otherwise expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the Premises, nor giving rise to any claim for setoff or abatement of Rent or affecting any of Tenant’s obligations under this Lease:
a. (a) To name decorate and to make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building during ordinary business hours, and Project if Tenant desires to have such work done during other than business hours, Tenant agrees to pay all overtime and additional expenses resulting from such work; to enter upon the Premises and, during the continuance of any such work; to temporarily close doors, entryways, public space, and corridors in the Building; and to interrupt or temporarily suspend Building services and facilities agreed to be furnished by Landlord, all without the same constituting an eviction of Tenant in whole or in part and without abatement of Rent by reason of loss or interruption of the business of Tenant or otherwise and without in any manner rendering Landlord liable for damages or relieving Tenant from the performance of Tenant’s obligations under this Lease; provided, however, reasonable access to the Premises will be maintained and the business of Tenant may not be interfered with; and further provided, however, that except for routine maintenance and emergencies, Landlord may access the Premises only (i) after six (6) hours advance notice to Tenant, (ii) outside of business hours, and (iii) if such access does not unreasonably interfere with Tenant’s business;
(b) To change the name and street address of the Building, provided that Landlord shall give Tenant not less than sixty (60) days’ prior written notice of a street address change if such change was initiated by Landlord; and to change the name arrangement and location of entrances or street address passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building;
(c) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or Projectfor drill purposes; temporarily denying access to the Building; and closing the Building after normal business hours and on Sundays and holidays, subject, however, to Tenant’s right to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time for application to and for the benefit and protection of all tenants of the Building;
b. (d) Upon prior oral notice to Tenant, to enter the Premises during reasonable hours (i) at any time during the Term to show the Premises to prospective purchasers or lenders, or (ii) during the last twelve (12) months of the Term to show the Premises to prospective tenants, and to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises;
(e) Upon prior written notice to Tenant, to relocate Tenant within the Building to new space (the “Relocation Space”) which is comparable in size, utility and condition to the Premises, including any additions, alterations and improvements made by Tenant in accordance with the terms of this Lease. Such relocation will be effective on a date specified by Landlord, which date will not be less than ninety (90) days after Landlord’s notice. If Landlord relocates Tenant, Landlord will reimburse Tenant for Tenant’s reasonable out-of-pocket expenses directly related to Tenant’s move to the Relocation Space. Upon such relocation, the Relocation Space will be deemed to be the Premises, the terms of the Lease will remain in full force and apply to the Relocation Space, and Landlord and Tenant agree to execute an amendment to this Lease confirming such relocation of Tenant to the Relocation Space within twenty (20) days after Tenant takes possession of the Relocation Space;
(f) To maintain within the lobby of the Building a directory containing a standard listing with Tenant’s name;
(g) To install and maintain all signs on the exterior and interior of the Building and ProjectBuilding;
c. (h) To have prescribe and approve in advance the location and style of any suite number and identification sign or lettering on the door to the Premises occupied by Tenant, the cost of which signage shall be borne by Tenant;
(i) To retain at all times and to use in appropriate instances pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At (j) To grant to anyone the right to conduct any business or render any service in the Building, whether or not it is the same as or similar to the use expressly permitted to Tenant in Section 7 above;
(k) To have access for Landlord and other tenants of the Building to all mail chutes according to the rules of the United States Post Office;
(l) To require all persons entering or leaving the Building during such hours as Landlord may from time during the Term, and on reasonable prior notice to Tenant, time determine to inspect the Premisesidentify themselves to watchmen or security personnel by registration or otherwise, and to show establish their right to enter or leave the Premises Building; provided Landlord will not be liable in damages for any error with respect to admission to or eviction or exclusion of any prospective purchaser person from the Building. In case of fire, invasion, insurrection, mob, riot, civil disorder, public excitement or mortgagee other commotion, or threat thereof, Landlord reserves the right to limit or prevent access to the Building during the continuance of same, shut down elevator service, activate elevator emergency controls, or otherwise take such action or preventive measures deemed necessary by Landlord for the safety of the Project, tenants or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement occupants of the Building or the protection of the Building and the property in order the Building. Tenant agrees to comply with lawscooperate in any reasonable safety program developed by Landlord; and
(m) From time to time to make and adopt such reasonable rules and regulations, orders or requirements of governmental in addition to or other authority. than or by way of amendment or modification of the rules and regulations contained in Exhibit B attached to this Lease or other sections of this Lease, for the protection and welfare of the Building, its tenants and occupants, as Landlord may determine, and Tenant agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business abide by all such rules and regulations so long as the same are uniformly enforced by Landlord against all other tenants in the Premises in the course of any such entryBuilding.
Appears in 1 contract
Samples: Lease Agreement (Ecollege Com)
CERTAIN RIGHTS RESERVED BY LANDLORD. Except to the extent expressly limited herein, Landlord reserves full rights to control the Property, including but not limited to the following rights, exercisable without notice (except as expressly provided below in this Section) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness so long as in exercising such rights, (b) causing an actual or constructive eviction from Landlord uses reasonable efforts to minimize any effect on the use and occupancy of the Premises, and without effecting an eviction, constructive or (c) disturbing actual, or disturbance of Tenant's use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
a. (a) To name the Building and Project and to change the name or street address of the Building or Projectthe Property;
b. (b) To install install, affix and maintain any and all signs on the exterior and interior of the Building and ProjectPremise or the Building, so long as the exercise of such rights does not interfere with or impede Tenant's exercise of its rights with respect to signage as set forth in Section 22(a);
c. (c) To have pass keys designate and/or approve, prior to the Premises installation, all types of window shades, blinds, drapes, awnings, window ventilators and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premisesother similar equipment, and to show control all internal lighting that may be visible from the Premises to any prospective purchaser or mortgagee exterior of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the TermPremises;
(d) Upon reasonable advance notice, to show the Premises to prospective tenants thereof; and
e. To enter at reasonable hours during the last six (6) months of the Term and to show the Premises for to current and prospective insurers, brokers, purchasers and lenders of the purpose Building at reasonable hours during the Term;
(e) To retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. No locks shall be changed without the prior written consent of making inspections, Landlord;
(f) To decorate or maintain or to make repairs, alterations, additions or improvements improvements, whether structural or otherwise, in and about the Property or the Building, or any part of any thereof, and for such purposes to enter upon the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts upon reasonable prior verbal notice (except in an emergency) to minimize interference with Tenant's business , in which case no notice shall be necessary), and, during the Premises in the course continuance of any such entrywork, to take into and upon or through the Premises all materials required to make such decorations, repairs, maintenance, alterations or improvements, to erect scaffolding and other structures as may be reasonably required, to close roads, drives, doors, entryways, public space and corridors in the Property or the Building on a temporary basis (but only if Landlord provides alternative means of reasonable access to the Premises during any such closure), and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as in any such event the Premises are reasonably accessible;
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) To grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein;
(i) To approve the location of fixtures, equipment and other articles of personal property in and about the Premises and the Building so as not to exceed the legal live load;
(j) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant and its employees and any other person or entity using, occupying, or performing work in the Premises;
(k) To issue reasonable rules and regulations, from time to time, governing the use of the Parking Areas (as defined below); and
(l) To limit or prevent access to the Property or otherwise take such action or preventative measures as may be reasonably necessary for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, but only in case of fire, invasion, insurrection, riot, civil disorder, public excitement or other, similar dangerous condition, or threat thereof.
Appears in 1 contract
Samples: Lease (Innotrac Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rightsrights (but not obligations), exercisable each of which Landlord may exercise without notice to Tenant (except with respect to (i) which shall require no less than thirty (30) days prior written notice) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of Rent or any other claim:
a. (i) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. (ii) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building.
(iii) To decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and usable, and with the use of reasonable efforts not to interfere with Tenant's business.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of Landlord not to be unreasonably withheld. Notwithstanding the provisions for Landlord's access to Premises, Tenant relieves and releases Landlord of all responsibility arising out of theft, robbery, pilferage and personal assault. Upon the expiration of the Term or of Tenant's right of possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises.
(v) To designate and approve all window coverings used in the Building.
(vi) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load limit of seventy (70) pounds per square foot, as designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and Project;
c. To have pass keys Premises only at such times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant's property into or out of the Building or the Premises and all doors within the Premises, excluding Building are entirely at the risk and responsibility of Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice Landlord reserves the right to Tenantrequire permits before allowing any property to be moved into or out of the Building or the Premises.
(vii) To establish security policies and other controls for the purpose of regulating all property and packages, both personal and otherwise, to inspect the Premises, and to show the Premises to any prospective purchaser be moved into or mortgagee out of the Project, or to any assignee Building and Premises and all persons using the Building both during and after normal office hours.
(viii) To regulate delivery and service of any mortgage on supplies and the Project, or to others having an interest in the Project or Landlord, and during the last six months usage of the Termloading docks, to receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants thereof; during the last six (6) months of the Term at reasonable times upon reasonable notice and, if vacated or abandoned, to show the Premises at any time, and to prepare the Premises for reoccupancy.
e. (x) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations.
(xi) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at any reasonable time to inspect the Premises or the Building (includingupon reasonable prior notice as set forth herein, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in the case of an emergency.
(xii) To grant to minimize interference with Tenant's any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Premises in the course of any such entryBuilding.
Appears in 1 contract
Samples: Office Lease (Oxigene Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for Set-off or abatement of Rent:
(a) To decorate and to make repairs, alterations, additions, changes or improvement, whether structural or otherwise, in and about the Premises, the Building and/or the Park, or any part thereof, and for such purpose to enter upon the Premise, the Building or other parts of the park and, during the continuance of any such work, to temporarily close doors, entryways, public space and corridors in the Premises:
a. To name , the Building or other parts of the Park, to store materials in the premises, to interrupt or temporarily suspend Building services and Project facilities, to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, and to change the name arrangement and location of all parking areas, sidewalks and driveways situated upon the Land or street address elsewhere in the Park, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
(b) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(c) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written permission of Landlord.
(d) To take all such reasonable measures as Landlord may deem advisable for the security of the Building or Project;
b. To install Property and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after Customary Business Hours and on Saturdays, Sundays and Holidays, subject, however, to use its best efforts (except in an emergency) to minimize interference with Tenant's business in right to admittance when the Premises in Building is closed after Customary Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that persons entering or leaving the course of any Building, whether or not during Customary Business Hours, use a pass key, or identify themselves to a security officer by registration or otherwise and that such entrypersons establish their right to enter or leave the Building.
Appears in 1 contract
Samples: Lease Agreement (Netgateway Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability notice (except as expressly provided in this Lease) without effecting an eviction, constructive or actual, or disturbance of Tenant’s use or possession or giving rise to any claim for set-off or abatement of Rent (except as expressly provided in this Lease):
(A) To require that all types of window shades, blinds, drapes, and other similar window coverings conform to the building standard specifications therefor delivered to Tenant. This Paragraph 21(A), however, shall not be applicable to any inner shades, blinds, drapes or window coverings that are separated from the exterior window pane by blinds, shades, drapes or window coverings conforming to the building standard specifications, so long as such inner shades, blinds, drapes or window coverings do not materially detract from the Class A nature and appearance of the Building. Landlord shall enforce said building standard specifications uniformly against all tenants and occupants of the Building.
(B) To grant to anyone the exclusive right to use the Retail Area of the Property for the retail sale of goods and services therefrom so long as any such exclusive right shall not operate to exclude Tenant from the Premises or from the office uses and related uses expressly permitted in Article 5 above, subject, however, to the terms of Paragraph 42(A) hereof. Landlord agrees that Landlord shall not hereafter confer upon any tenant or occupant of the Building any right to exclusive uses of the Building which will restrict Tenant’s (or any Transferee’s) use of the Premises for office, conference center or cafeteria purposes in compliance with this Lease.
(aC) damage To approve (such approval not to be unreasonably withheld) the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to overload the floors of the Premises), and to require all such items to be moved into and out of the Building and the Premises only at such times and in such manner as Landlord shall reasonably direct (provided that the foregoing terms of this Paragraph 21(C) shall not apply as to the initial Tenant Work, which shall instead be governed by the Workletter attached hereto). Tenant shall provide notice to Landlord prior to moving any such heavy equipment and bulky articles into or injury out of the Building, and shall pay to propertyLandlord Landlord’s Actual Costs incurred in connection with the supervision thereof (provided that such notice and payment obligation shall not apply to the initial Tenant Work or to the initial tenant work in connection with any of Tenant’s Expansion Premises, person First Proposal Space or businessOffer Space, as the case may be, which shall instead be governed by the Workletter and by the terms of Paragraphs 7 and 34 hereof, as applicable). Tenant shall not place a load upon any floor of the Premises that exceeds fifty (50) pounds per square foot “live load” (except that, with respect to the area on each floor of the Premises located within two hundred (200) feet of the core of the Building (and in any event not less than 1,000 square feet of Rentable Area in the aggregate on each such floor), such fifty (50) pound per square foot “live load” limitation shall be increased to two hundred (200) pounds per square foot “live load”), or twenty (20) pounds per square foot “partition load,” without reinforcing (at Tenant’s sole cost and expense) any floors in the Premises or elsewhere in the Building as may be required in order to preserve the structural integrity of the Building, except to the extent such loads have been reviewed and approved by a structural engineer reasonably designated by Landlord and such loads have been determined to be consistent with the Building’s existing design capacities, or in order to comply with Laws, to handle any additional load (it being understood that any such reinforcing of the floors of the Building shall be subject to the terms and provisions of Article 7 hereof, or the Workletter if performed in connection with the performance of the Tenant Work); provided, Landlord shall, at Landlord’s sole cost and expense and as part of the Landlord Work hereunder, cause a rectangular area of approximately 7,000-10,000 square feet located on one (1) floor of the Initial Low-Rise Floors Premises, and additional areas of approximately 6,500 square feet located on each of up to three (3) additional floors of the Initial Low-Rise Floors Premises, to be reinforced to support two hundred (200) pounds per square foot “live load” in all such areas (i.e., all as more specifically referenced in Exhibit N attached hereto).
(D) To temporarily limit or prevent access to the Property, shut down elevator service (without limiting the terms of Paragraph 23(B) hereof), activate elevator emergency controls, or otherwise take such action or preventative measures deemed reasonably necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein, (bi) causing an actual in case of fire, invasion, insurrection, riot, civil disorder, terrorist act, public excitement or constructive eviction from the Premisesother dangerous condition, or threat thereof or any other Emergency Situation, or (cii) disturbing in order to perform any maintenance or repairs that require Building closure; so long as (except in Emergency Situations or as otherwise required by Law, in which event Landlord shall give Tenant such notice as is practical under the circumstances) Landlord shall give Tenant at least fifteen (15) Business Days’ prior written notice of Landlord’s intention to close the Building pursuant to this clause (ii) (and, except in case of an Emergency Situation or as otherwise required by Law, Landlord shall restrict any such closure pursuant to this clause (ii) to Saturday, Sunday or any Holidays). Tenant shall have the right (but only once with respect to any particular closure), by written notice given to Landlord within ten (10) Business Days after Tenant's ’s receipt of such notice from Landlord, to require Landlord to postpone such closure under clause (ii) above for up to thirty (30) days beyond the date set forth in Landlord’s notice (to the extent that such postponement does not give rise to an Emergency Situation and is permitted by applicable Laws). Landlord shall use or possession commercially reasonable efforts to avoid taking any of the actions set forth in this Paragraph 21(D) and, if not possible using such commercially reasonable efforts, then to minimize the impact on Tenant and its use and occupancy of the Premises:.
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. (E) To install and maintain all signs on pipes, ducts, and conduits above the exterior and interior hung ceiling of the Building Premises, provided that such pipes, ducts and Project;
c. To have pass keys conduits are located not less than eight inches (8”) above the ceiling or in the base building columns or shafts in the Premises, to serve other parts or other tenants of the Building; provided that (i) except as part of the Landlord Work pursuant to the Landlord Work Plans approved by Landlord and Tenant pursuant to the Workletter, all pipes shall be installed in the columns or shafts of the Premises, (ii) no reduction in the usable area of the Premises results therefrom, (iii) no such installation or maintenance shall interfere (except to a de minimis extent) with Tenant’s use of the Premises for the conduct of its business and other rights and benefits under this Lease, (iv) any damage caused thereby to the Premises or Tenant’s property is promptly repaired at Landlord’s expense, (v) no access panels are required to access the pipes, ducts and all doors within conduits which are exposed in the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect occupied portions of the Premises, and to show (vi) such installation does not materially adversely affect the aesthetics of the Tenant Work or the Premises, as reasonably determined by Tenant. All work in the Premises (and, to any prospective purchaser the extent commercially reasonable, all other work that would cause interference with the conduct of Tenant’s business if performed during Regular Business Hours) under this Paragraph 21(E) shall be performed outside of Regular Business Hours.
(F) To decorate or mortgagee of the Projectto make alterations, additions, or improvements, structural or otherwise, in or to any assignee of any mortgage on the ProjectProperty, or any part thereof (including without limitation changes and reductions in corridors and other public areas and the installation of other structures, facilities, amenities and features therein); provided, however, that, except to others having an interest the extent that Tenant shall have consented in writing thereto in advance or such action is required by applicable Laws or is otherwise expressly permitted under this Lease, in no event shall any such decorations, alterations, installations, additions or improvements in or to the Property: (a) be located in the Project Premises or Landlord, and during the last six months of the Term, to show on any full floor in which the Premises to prospective tenants thereofare located; and
e. To enter the Premises for the purpose of making inspections, repairs(b) except as expressly permitted elsewhere in this Lease (including Article 39 and Paragraph 6(Q) hereof) constitute material decorations, alterations, installations, additions or improvements to the Premises Main Lobby or the Building Plaza, (includingc) except as expressly permitted elsewhere in this Lease (including Article 39 hereof), without limitationbe made to the exterior (including the windows, checking, calibrating, adjusting or balancing controls mullions and other parts “skin”) of the HVAC system)Building, and to take all steps as may be necessary or desirable for the safetyMonument, protectionany Tenant Sign, maintenance or preservation the elevators of the Premises Building, or the Building or Landlord's interest thereinstairways serving the Premises, or as may the appearance of any of the foregoing; (d) adversely affect any Building Services to be necessary provided by Landlord hereunder; (e) cause any increase in Net Rent, Additional Rent or desirable for Tenant’s Pro Rata Share on account thereof, or (f) otherwise adversely affect the operation or improvement character of the Building as a Class A office building; and provided, further, that no such decorations, alterations, installations, additions or improvements to the Property shall in order any way limit or otherwise affect any of Tenant’s rights, or Landlord’s duties and obligations, under this Lease; and provided, further, that except as expressly provided in this Lease (including Article 39 and Paragraph 6(Q) hereof) or as required by applicable Laws, Tenant shall have the right to comply require Landlord to remove and/or restore any non-material decorations, alterations, installations, additions or improvements in or to the Main Lobby or Plaza (at Landlord’s sole cost and expense, which shall not be included in Operating Expenses) made without the prior written consent of Tenant, in the event that Tenant determines (in its sole discretion) that the same are not consistent with lawsa first class building or the overall design and appearance of the Property (it being acknowledged that any material decorations, orders alterations, installations, additions or requirements of governmental improvements to the Main Lobby or Plaza not otherwise required by applicable Laws shall require Tenant’s prior consent, as provided above). In connection with any repairs, maintenance, improvements or alterations, in or about the Property, required or permitted to be made by Landlord under this Lease, Landlord may temporarily erect scaffolding and other structures reasonably required, and may temporarily close public entry ways, other public areas, restrooms, stairways or corridors, so long as Tenant continues to have access to the Premises at all times (subject to Emergency Situations or other authoritymatters that are described in Paragraph 21(D) or are beyond the reasonable control of Landlord). Landlord agrees to use its best efforts (except in an emergency) shall take commercially reasonable steps to minimize any interference with Tenant's business ’s access to the Premises and its operations therein resulting from any actions taken by Landlord under this Article 21. Any work to be performed in the Premises shall be performed in accordance with the course provisions of any such entryArticle 17.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rightsrights (but not obligations), exercisable each of which Landlord may exercise without notice to Tenant and, except as provided in Paragraph 14, without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's ’s use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of Rent:
a. (i) To name the Building and Project and to change the Building’s name or street address of the Building or Project;address.
b. (ii) To install install, affix and maintain any and all signs on the exterior and on the interior of the Building and Project;
c. To have pass keys to the Premises and all doors (including, but only if mandated by law, within the Premises).
(iii) To decorate or to make repairs, excluding Tenant's vaults alterations, additions, or improvements, whether structural or otherwise, in and safes;
d. At about the Building, or any time during the Termpart thereof, and on reasonable prior notice for such purposes to Tenant, to inspect enter upon the Premises, and during the continuance of any of said work, to show temporarily close doors, entryways, public space and corridors in the Building and, upon not less than forty-eight (48) hours’ advance notice (except in case of emergency), to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant’s obligations hereunder, so long as the Premises are reasonably accessible and usable. Landlord’s exercise of its rights hereunder shall be conducted at such times and in such manner as to any prospective purchaser or mortgagee avoid unreasonable interference with Tenant’s use and occupancy of the ProjectPremises. Any exercise of such rights within the Premises (except for repairs) shall be subject to Tenant’s consent, which shall not be unreasonably withheld, conditioned or delayed.
(iv) To furnish door keys for the entry door(s) in the Premises at the commencement of this Lease and to any assignee retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Upon the expiration of the Term or of Tenant’s right of possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any mortgage on the Projectsafes, cabinets or to others having an interest vaults left in the Project or LandlordPremises.
(v) To designate and approve all window coverings used in the Building.
(vi) To approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the legal live load per square foot designated by the structural engineers for the Building, and during the last six months to require all such items and furniture and similar items to be moved into or out of the TermBuilding and Premises only at such reasonable times and in such manner as Landlord shall direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant’s ordinary use of the Premises without the prior written consent of Landlord. Movements of Tenant’s property into or out of the Building or the Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right for security purposes on reasonable notice to Tenant to require permits before allowing any property to be moved into or out of the Building or the Premises.
(vii) To establish reasonable security policies and other controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building both during and after normal office hours.
(viii) To regulate delivery and service of supplies and the usage of the loading docks, receiving areas and freight elevators.
(ix) To show the Premises to prospective tenants thereof; andat reasonable times within the last twelve (12) months of the Term.
e. (x) To erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, but in no event may such installations reduce the usable square footage of the Premises by more than a de minimus amount.
(xi) To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts at any reasonable time upon reasonable advance notice (except in an case of emergency) to minimize interference with Tenant's business in inspect the Premises in the course of any such entryPremises.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves the following rights, exercisable without liability to Tenant for (a) damage or injury to property, property person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entry.
f. Notwithstanding anything to the contrary to this Lease, Landlord shall not enter the Premises without being accompanied by a designated representative of Tenant, except in case of emergency. (Janitorial service to be provided by Landlord is excluded from this provision, but all janitorial personnel must be insured.)
Appears in 1 contract
Samples: Lease (Pac-West Telecomm Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following ----------------------------------- rights, exercisable without notice (except as expressly provided below) and, except to the extent that any loss, injury or damage is suffered as a result of the gross negligence or willful misconduct of Landlord or any of its agents, employees or contractors, without liability to Tenant for (a) damage or injury to property, person or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises or giving rise to any claim for set-off or abatement of Rent:
a. (a) To name the Building and Project and to change the name or street address of the Building or Projectwith at least ninety (90) days' written notice to Tenant;
b. (b) To install install, affix and maintain any and all signs within and on the exterior and interior of the Building (excluding the exterior portion of the Building where the Premises is located) and Projecton the Land;
c. (c) To have pass keys designate and/or approve, prior to installation, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Premises;
(d) To show the Premises and all doors within the Premises, excluding Tenantto prospective tenants at reasonable hours upon at least one business day's vaults and safes;
d. At any time during the Term, and on reasonable prior verbal notice to Tenant's Representative or Tenant's site manager at the Premises during the last nine (9) months of the Term and, if abandoned during such year, to inspect prepare the PremisesPremises for re-occupancy, and to show the Premises to any prospective purchaser or mortgagee purchasers and lenders of the ProjectBuilding at reasonable hours upon at least one (1) business days prior verbal notice to Tenant's Representative or Tenant's site manager at the Premises at any time during the Term;
(e) To retain at all times, and to use in appropriate instances upon at least one (1) business day's prior verbal notice (except in cases of emergency in which case no notice shall be necessary) to Tenant's Representative or Tenant's site manager at the Premises, keys to all doors (except secure areas) within and into the Premises. No locks shall be changed without the prior written consent of Landlord;
(f) To decorate or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, make repairs, alterations, additions additions, or improvements to the Premises improvements, whether structural or the Building (includingotherwise, without limitation, checking, calibrating, adjusting or balancing controls in and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or about the Building or Landlord's interest thereinthe Property, or as may be necessary any part thereof, and for such purposes to enter upon the Premises upon at least one (1) business days prior verbal notice to Tenant's representative or desirable for Tenant's site manager at the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts Premises (except in an emergency) , in which case no notice shall be necessary), and during the continuance of any such work, to temporarily close roads, drives, doors, entryways, public space and corridors in the Building or on the Property, and to interrupt or suspend temporarily Building services and facilities, all without abatement of Rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible and, Landlord shall use reasonable efforts to minimize interference any disruption to Tenant's business;
(g) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it;
(h) In its reasonable discretion, to grant to anyone the exclusive right to conduct any business or render any service in or to the Property, provided such exclusive right shall not operate to affect any of Tenant's rights under this Lease;
(i) To approve the location of equipment and articles in and about the Premises and the Building so as not to exceed the legal live load; and
(j) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises, except for vending or dispensing machines for the sole use of Tenant and its employees. In connection with any action by or on behalf of Landlord performed pursuant to this Xxxxxxxxx 00, Xxxxxxxx shall use reasonable efforts to minimize any disruption to Tenant's business in the Premises in the course of caused by any such entryaction.
Appears in 1 contract
Samples: Lease (Omnicell Com /Ca/)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability to Tenant for :
(a) damage or injury to property, person or business, (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project decorate and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making make inspections, repairs, alterations, additions additions, changes, or improvements improvements, whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to change, alter, relocate, remove or replace service areas and common areas, to place, inspect, repair and replace in the Premises or (below floors, above ceilings and/or next to columns) utility lines, pipes, cables, conduits and the like to serve other areas of the Building outside the Premises, to enter upon the Premises after providing Tenant with at least two (including2) business days' advance written notice thereof and, without limitationduring the continuance of any such work, checkingto temporarily close doors, calibratingentryways, adjusting public space, and corridors in the Building; to interrupt or balancing controls temporarily suspend Building services and facilities; and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other public parts of the HVAC system)Building; provided, however, that in connection with any of the foregoing, Landlord will use commercially reasonable efforts to minimize the disruption to Tenant's use and occupancy of the Premises;
(b) To take such reasonable measures as Landlord deems advisable for the security of the Building and its occupants; evacuating the Building for cause, suspected cause, or for drill purposes; temporarily denying access to the Building; and closing the Building after Normal Business Hours and on Saturdays, Sundays, and holidays, subject, however, to Tenant's right to enter when the Building is closed after Normal Business Hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during Normal Business Hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the Building;
(c) To enter the Premises at all reasonable hours to show the Premises (after at least 24 hours' advance notice and subject to further limitation set forth below) to prospective purchasers, lenders, or tenants; provided, however, that with respect to prospective tenants interested in leasing some or all of the Premises, Landlord shall only have the right to enter the Premises to show the same to such parties during the last 12 months of the Term after giving Tenant at least 24 hours' advance notice thereof and then only so long as Tenant has not exercised its right to renew and extend the initial Term of this Lease or any renewal and/or extension thereof;
(d) To prohibit the preparation of food within the Premises for commercial purposes or the placing of vending or dispensing machines of any kind in or about the Premises if such vending or dispensing machines are available to the general public;
(e) To change the name by which the Building is designated, and Landlord shall have no obligation or liability whatsoever for costs or expenses incurred by Tenant as a result of such name change of the Building; and
(f) To designate the Building, including the Premises, as a "non-smoking" facility. Landlord shall designate specific areas on the Land, outside the Building, where smoking shall be permitted. Upon receipt from Landlord of such designation, Tenant agrees to abide by, and to take all steps as may be necessary or desirable for the safetyinstruct its agents, protectionemployees, maintenance or preservation of the Premises or the Building or Landlord's interest thereincontractors and invitees to abide by, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entrydesignation.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
a. (a) To name decorate and make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter the leased premises and, during the continuance of any such work to temporarily close doors, entry-ways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and Project facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the premises are reasonably accessible.
(b) To have and retain a paramount title to the leased premises free and clear of any act of Tenant purporting to burden or encumber them.
(c) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(d) To prohibit the placing of vending or dispensing machines of any kind in or about the premises without the prior written permission of Landlord.
(e) To have access for Landlord and other tenants of the Building or Project;
b. To install and maintain all signs to any mail chutes located on the exterior and interior premises according to the rules of the United States Postal Service.
(f) To take all such reasonable measures as Landlord may deem advisable for the security of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, including without limitation, checkingthe search of all persons entering or leaving the Building, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after normal business hours and on Saturdays, Sundays and holidays, subject, however, to use its best efforts (except in an emergency) to minimize interference with Tenant's right to admittance when the Building is closed after normal business in hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example but not of limitation, that persons entering or leaving the Premises in Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the course of any such entryBuilding.
Appears in 1 contract
Samples: Office Building Lease Agreement (Rackspace Com Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability to Tenant for : (ai) damage or injury to property, person or business, upon at least 24 hours’ prior written notice (b) causing an actual or constructive eviction from the Premises, or (c) disturbing Tenant's use or possession of the Premises:
a. To name the Building and Project and to change the name or street address of the Building or Project;
b. To install and maintain all signs on the exterior and interior of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior email notice to Tenantbeing acceptable), to inspect the Premisesperform maintenance and repairs, and to show the Premises to any prospective purchaser make inspections, alterations, additions, changes or mortgagee of improvements, whether structural or otherwise, in and about the Project, or any part thereof; to enter upon the Premises (after giving Tenant reasonable notice thereof, which may be oral notice, except in cases of real or apparent emergency, in which case no notice shall be required) for any assignee of the foregoing purposes and, during the performance of any mortgage on such work therein, to temporarily close doors, lobbies, public space and corridors in the ProjectBuilding; (iii) upon at least 24 hours’ prior written notice (email notice being acceptable), to interrupt or temporarily suspend Building services and facilities as reasonably necessary; (iv) to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms or other public parts of the Building; (v) to take such reasonable access control measures as Landlord deems advisable; provided, however, that any such access control measures are for Landlord’s own protection, and Tenant acknowledges that Landlord is not a guarantor of the security or safety of any Tenant Party or of Tenant’s personal property, and that all such security matters are the sole responsibility of Tenant; (vi) to require the evacuation of the Building for cause, suspected cause, or for drill purposes; (vii) to others having an interest in temporarily deny access to the Project Building and to close the Building after Normal Business Hours and on Saturdays, Sundays and Holidays, subject, however, to Xxxxxx’s right to enter when the Building is closed after Normal Business Hours pursuant to such reasonable rules and regulations as Landlord may prescribe from time to time; (viii) to enter the Premises at all reasonable hours to perform Landlord’s repair and maintenance obligations under this Lease or Landlordto perform environmental testing; (ix) upon at least 24 hours’ prior written notice (email notice being acceptable), and during to enter the last six months of the Term, Premises at all reasonable hours to show the Premises to prospective tenants thereofpurchasers or lenders; and
e. To (x) at any time during the last six (6) months of the Term or at any time following the occurrence of an Event of Default, to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements at all reasonable hours to show the Premises or to prospective tenants; and (xi) to change the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts name and/or street address of the HVAC system)Building. In conducting the foregoing activities, and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to shall use its best commercially reasonable efforts (except in an emergency) to minimize interference with Xxxxxx’s business operations and access to the Premises and parking areas. With respect to all of the foregoing, Landlord shall retain a key for all of the doors for the Premises, excluding Tenant's business in ’s vaults, safes and files. Landlord shall have the right to use any and all means to open the doors to the Premises in an emergency in order to obtain entry thereto without liability to Tenant therefor. Any entry to the course Premises by Landlord by any of the foregoing means, or otherwise, in conformance with this Section 22, shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises, or an eviction, partial eviction or constructive eviction of Tenant from the Premises or any such entryportion thereof, and shall not relieve Tenant of its obligations hereunder.
Appears in 1 contract
Samples: Lease Termination Agreement (Spruce Biosciences, Inc.)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except as expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the Premises and shall not give rise to any claim for set-off or abatement of rent or any other claim, provided, however, that Landlord takes reasonable steps to minimize any disruption to Tenant's business or use of the Premises:
a. To name the Building and Project and (1) to change the name or street address of the Building Complex or Projectthe Building, with notice to Tenant;
b. To install (2) to install, affix and maintain any and all signs on the exterior and on the interior of the Building or anywhere on Land or in the Complex (and ProjectTenant agrees not to place or maintain any sign or other advertising matter outside the Premises or inside the Premises so as to be visible from outside the Premises);
c. To have pass (3) to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building or Complex, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as Landlord has given Tenant reasonable prior notice of any such actions in the Premises (provided, however, that no such prior notice shall be required in the case of emergency or suspected emergency). Landlord shall take reasonable steps in connection with such actions to minimize any disruption to Tenant's business or its use of the Premises;
(4) to the extent permitted by law, to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. Tenant agrees to purchase only from Landlord additional duplicate keys as required, to change no locks, and not to affix locks on doors without the prior written consent of Landlord (notwithstanding the provisions for Landlord's access to portions of the Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage). Upon the expiration of the Term or of Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(5) to designate Building standard window coverings for all windows in the Building and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies, if any;
(6) to approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (so as not to exceed the legal live load per square foot designated by the structural engineers for the Building), and to require all doors such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or out of the Building and within the Premises, excluding Tenant's vaults Building are entirely at the risk and safesresponsibility of Tenant and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and (7) to show the Premises to any prospective purchaser tenants at reasonable hours and upon reasonable notice, which such notice may be given by telephone to Tenant's office manager or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and via facsimile transmission during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections(8) to erect, repairsuse and maintain unexposed pipes, alterationsducts, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls wiring and other parts of the HVAC system)conduits, and to take all steps as may be necessary or desirable for appurtenances thereto, in and through the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryPremises.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without liability notice (except as expressly provided) and without effecting an eviction, constructive or actual, or disturbance of Tenant’s use or possession or giving rise to Tenant any claim for set-off or abatement of Rent:
(A) To require that all of Tenant’s window shades, blinds, drapes, and other similar window coverings conform to the building standard specifications therefor as the same shall be jointly developed and agreed upon by Landlord and Tenant. This Paragraph 22
(A) however, shall not be applicable to any inner shades, blinds, drapes or window coverings which are in front of (as viewed from within the Premises) the blinds, shades, drapes or window coverings conforming to the building standard specifications, provided such inner shades, blinds, drapes or window coverings are not visible from outside of the Building. Landlord shall enforce said building standard specifications uniformly against all tenants and occupants of the Building.
(B) To decorate or to make alterations, additions, or improvements, structural or otherwise, in or to the Property, or any part thereof, and any adjacent building, structure, parking facility, land, street or alley (including without limitation changes and reductions in corridors, lobbies, parking facilities and other Common Areas and the installation of planters, sculptures, displays, escalators, mezzanines, and other structures, facilities, amenities and features therein, and changes for the purpose of connection with or entrance into or use of the Property in conjunction with any adjoining or adjacent building or buildings, now existing or hereafter constructed); provided, that,
(i) none of such alterations, additions, or improvements shall (a) damage be located in the Premises or injury to property, person or business, (b) causing an actual materially and adversely affect the Franklin Street entrance to the Building (the “Franklin Entrance”) or constructive eviction from the PremisesXxxxxx Drive entrance to the Building (the “Xxxxxx Entrance” and, together with the Franklin Entrance, the “Pedestrian Entrances”), the layout of the ground floor (other than any retail areas along the northern wall of the Building), any of the elevators, escalators or stairways serving the Premises or the Shared Facilities, (c) disturbing affect Tenant's use or possession of ’s signage, (d) adversely affect the Premises:
a. To name the Building and Project and to change the name or street address security of the Building or Projectany portion thereof or (e) be such that Tenant would have been entitled to withhold its consent thereto pursuant to the Workletter if the same had been included in Landlord’s Work;
b. (ii) there will not be any increase in Net Rent, Additional Rent or Tenant’s Pro Rata Share on account thereof,
(iii) no alterations to the low mid-rise or high-rise elevator lobby on the ground floor of the Building shall be made (other than such alterations having a de minimis effect thereon), without the prior written approval of Tenant, which shall not be unreasonably withheld, and
(iv) no mezzanine shall be constructed in the ground floor lobby nor shall the height of any portion thereof be reduced; provided, however, that after the Rent Commencement Date the provisions of clauses (i), (iii) and (iv) shall be subject to Landlord’s obligations to keep the Base Building Work in compliance with all Laws pursuant to Paragraph 9(B) above. In connection with such matters, or with any other repairs, maintenance, improvements or alterations in or about the Property, Landlord may erect scaffolding and other structures reasonably required, and may temporarily close public entryways, other public areas, restrooms, stairways or corridors, so long as Tenant continues to have access to the Premises at all times (subject to Paragraph 22(E)). Landlord shall take commercially reasonable steps to minimize any interference with Tenant’s operations resulting from any actions taken by Landlord under this Paragraph 22(B). All work in the Premises (and all other work which would cause any material interference with Tenant’s business if performed during Regular Business Hours) shall be performed outside of Regular Business Hours.
(C) To approve (such approval not to be unreasonably withheld) the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to overload the floors of the Premises), and to require all such items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and, except as otherwise provided in Article 6, shall be carried only in the freight elevators.
(D) To temporarily (i) limit or prevent access to the Property, (ii) shut down elevator service, (iii) activate elevator emergency controls, or (iv) take other actions (including preventive measures) as are deemed necessary by Landlord for the safety of tenants or other occupants of the Property or the protection of the Property and other property located thereon or therein
(1) in case of fire, invasion, insurrection, riot, civil disorder, terrorist act, public excitement or other dangerous condition, or threat thereof, or
(2) in order to perform any maintenance or repairs which requires a Building closure; provided, however, that (except in emergencies) Landlord shall give Tenant at least ten (10) Business Days prior written notice of Landlord’s intention to close the Building pursuant to clause (2) (and, except in case of an emergency, Landlord agrees to restrict any such closure pursuant to clause (2) to Saturday, Sunday or Holidays). Tenant shall have the right (but only once with respect to any particular closure), by written notice given to Landlord within three (3) Business Days after Tenant’s receipt of such notice from Landlord, to require Landlord to postpone such closure for up to fifteen (15) Business Days beyond the date set forth in Landlord’s notice.
(E) To install and maintain all signs on pipes, ducts, and conduits above the exterior and interior hung ceiling of the Building and Project;
c. To have pass keys to Premises or in the columns or shafts in the Premises to serve other parts or other tenants of the Building; provided that (i) except for pipes installed as a part of Base Building Work, all pipes, ducts and all doors within conduits shall be installed in the columns or shafts of the Premises, excluding Tenant's vaults and safes;
d. At any time during (ii) no reduction in the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show usable area of the Premises to any prospective purchaser or mortgagee results therefrom, (iii) such installation and maintenance does not unreasonably interfere with Tenant’s use of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspectionsconduct its business and other rights and benefits under this Lease, repairs, alterations, additions or improvements and (iv) any damage caused thereby to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of Tenant’s property is promptly repaired at Landlord’s expense. All such work in the Premises or (and, to the Building or Landlord's interest thereinextent commercially reasonable [which shall include the payment of overtime wages], or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or all other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize work which would cause any material interference with Tenant's ’s business in the Premises in the course if performed during Regular Business Hours) shall be performed outside of any such entryRegular Business Hours.
Appears in 1 contract
Samples: Office Lease (Hyatt Hotels Corp)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant (except as expressly provided below) and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name the Building and Project and (1) except as provided in Section 6 of Exhibit A, to change the name or street address of the Building Complex or Projectthe Building, with three (3) months' prior notice to Tenant;
b. To install (2) to install, affix and maintain any and all signs on the exterior and on the interior of the Building or anywhere on Land or in the Complex (and Projectexcept as provided in Section 8 of Exhibit A, Tenant agrees not to place or maintain any sign or other advertising matter outside the Premises or inside the Premises so as to be visible from outside the Premises, without the prior written permission of Landlord);
c. To have pass (3) to decorate or to make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about the Building or Complex, or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of such work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities, all without affecting any of Tenant's obligations hereunder, so long as Landlord has given Tenant reasonable prior notice of any such actions in the Premises. Landlord shall take reasonable steps in connection with such actions to minimize any disruption to Tenant's business or its use of the Premises;
(4) to the extent permitted by law, to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises. If the security system in the Premises is one which has been installed by and is maintained by Landlord, Tenant agrees to purchase only from Landlord additional duplicate keys as required. Unless approved in writing by Landlord as part of either the initial security system in the Premises or as part of an approved modification thereto, Tenant agrees to change no locks, and not to affix locks on doors without the prior written consent of Landlord. Notwithstanding the provisions for Landlord's access to portions of the Premises, Tenant relieves and releases the Landlord of all responsibility arising out of theft, robbery and pilferage, unless due to the gross negligence or willful misconduct of Landlord. Upon the expiration or termination of the Term or of Tenant's right to possession, Tenant shall return all keys to Landlord and shall disclose to Landlord the combination of any safes, cabinets or vaults left in the Premises;
(5) to designate Building Standard window coverings for all windows in the Building and to designate and approve, prior to installation, all types of additional window shades, blinds or draperies, if any;
(6) to approve the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building (so as not to exceed the lesser of the legal live load per square foot or the live load per square foot designated by the structural engineers for the Building), and to require all doors such items and furniture and similar items to be moved into or out of the Building and Premises only at such times and in such manner as Landlord shall direct in writing. Movements of Tenant's property into or out of the Building and within the PremisesBuilding are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require Landlord's permission, excluding Tenant's vaults and safesnot to be unreasonably withheld, before allowing any property to be moved into or out of the Building;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and (7) to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and tenants at reasonable hours during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections(8) to erect, repairsuse and maintain unexposed pipes, alterationsducts, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls wiring and other parts of the HVAC system)conduits, and to take all steps as may be necessary or desirable for appurtenances thereto, in and through the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryPremises.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable each of which Landlord may exercise without notice to Tenant and without liability to Tenant for (a) damage or injury to property, person or businessbusiness on account of the exercise thereof, (b) causing and the exercise of any such rights shall not be deemed to constitute an actual eviction or constructive eviction from the Premises, or (c) disturbing disturbance of Tenant's use or possession of the PremisesPremises and shall not give rise to any claim for set-off or abatement of rent or any other claim:
a. To name the Building and Project and (a) to change the Building's name or street address of the Building or Projectprovided Tenant is notified at least 60 days prior to any such change;
b. To install (b) to install, affix and maintain any and all signs on the exterior and on the interior of the Building;
(c) to decorate or to make changes, repairs, alterations, additions, or improvements, whether structural or otherwise (including alterations in the configuration of, and elimination of, any common areas), in and about the Building and Property or any part thereof, and for such purposes to enter upon the Premises, and during the continuance of any of said work, to temporarily close doors, entry ways, public space and corridors in the Building and to interrupt or temporarily suspend services or use of facilities; but Landlord shall endeavor to perform any such work in or about the Premises so as to cause the minimum inconvenience to Tenant practicable under the circumstances and shall use reasonable efforts to perform such work in or about the Building in such a manner as to ensure continued access to the Premises and the availability of the common areas (including the Parking Garage);
(d) to reasonably designate and reasonably approve all window coverings used in the Building;
(e) to approve, disapprove or restrict the weight, size and location of safes, vaults and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and ProjectPremises only at such times and in such manner as Landlord shall reasonably direct in writing. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises without the prior written consent of Landlord. Tenant's movements of property into or out of the Building or Premises and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any property to be moved into or out of the Building or Premises provided that any such requirement shall be made generally applicable to all tenants, not just Tenant;
c. To have pass keys (f) to establish controls for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and Premises and all persons using the Building after normal office hours;
(g) to regulate delivery and service of supplies in order to insure the cleanliness and security of the Premises and all doors within to avoid congestion of the Premisesloading docks, excluding Tenant's vaults receiving areas and safesfreight elevators;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, (h) to show the Premises to prospective tenants thereofat reasonable business hours upon reasonable prior oral notice to Tenant during the last twelve months of the Term and, if vacated or abandoned, to show the Premises at any time and to prepare the Premises for re-occupancy;
(i) to erect, use and maintain pipes, ducts, wiring and conduits, and appurtenances thereto, in and through the Premises at reasonable locations, provided Landlord takes reasonable efforts to minimize the interference with Tenant's use and enjoyment and access of the Premises; and
e. To (j) to enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority. Landlord agrees to use its best efforts at any reasonable time upon reasonable prior oral notice (except in an emergencyemergency when no notice shall be required) to minimize interference with Tenant's business in inspect the Premises in the course of any such entryPremises.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, and without liability to Tenant for (a) damage or injury to property, person person, or business, (b) causing and without effecting an actual eviction, constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement of the Premisesrent:
a. (a) To name the Building and Project and to change the Building's name or street address of the Building or Project;address.
b. (b) To install install, affix, and maintain any and all signs on the exterior and interior of the Building Building.
(c) To designate and Project;approve, prior to installation, all types of window shades, blinds, drapes, and other similar equipment, and to control all internal lighting that may be visible from the exterior of the Building.
c. (d) To have pass keys designate, restrict, and control all sources from which Tenant may obtain ice, drinking water, towels, toilet supplies, shoe shining, catering, food and beverages, or like or other services to the Premises and all doors within the Premises, excluding Tenant's vaults and safes;
d. At any time during and, in general, to reserve to Landlord the Termexclusive right to designate, limit, restrict, and on reasonable prior notice to Tenant, to inspect the Premises, control any business and to show the Premises to any prospective purchaser or mortgagee of the Project, service in or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, Building and during the last six months of the Term, to its tenants.
(e) To show the Premises to prospective tenants thereof; at reasonable hours during the last twelve (12) months of the Term and
e. To enter , if vacated during such period, to decorate, remodel, repair, and otherwise prepare the Premises for reoccupancy without affecting Tenant's obligation to pay rent.
(f) To retain at all times, and to use in appropriate instances, keys to all doors within and into the purpose Premises. No locks shall be changed without the prior written consent of making inspections, Landlord.
(g) To decorate or to make repairs, alterations, additions additions, or improvements improvements, whether structural or otherwise, in and about the Building or any part thereof, and for such purposes to enter upon the Premises, and, during the continuance of any of said work, to temporarily close doors, entryways, public space, and corridors in the Building and to interrupt or temporarily suspend Building services and facilities, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible.
(h) To have and retain a paramount title to the Premises free and clear of any act of Tenant purporting to burden or encumber it.
(i) To grant to anyone the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
(j) To approve the weight, size, and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (including, without limitation, checking, calibrating, adjusting or balancing controls and other parts so as not to overload the floors of the HVAC systemPremises), and to take require all steps such items and furniture to be moved into and out of the Building and Premises only at such times and in such manner as may Landlord shall direct in writing. Any damages done to the Building or Premises or to other tenants in the Building by taking in or putting out safes, furniture, and other items or from overloading the floor in any way, shall be necessary paid by Tenant. Furniture, boxes, merchandise, or desirable other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in the freight elevators and at such times as the management of the Building shall require. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant, and Landlord reserves the right to require permits before allowing any such property to be moved into or out of the Building.
(k) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises without the prior written consent of Landlord.
(l) To have access for Landlord and other tenants of the safetyBuilding to any mail chutes located on the Premises according to the rules of the United States Post Office.
(m) To change the arrangement or location of entrances, protectionpassageways, maintenance or preservation doors and doorways, corridors, stairs, toilets, and other public service portions of the Building not contained within the Premises or any part thereof.
(n) To close the Building after regular working hours and on Saturdays, Sundays, and legal holidays subject, however, to Tenant's right to admittance, under such regulations as Landlord may prescribe from time to time, which may include by way of example, but not of limitation, that persons entering or Landlord's interest thereinleaving the Building identify themselves to Building personnel by registration or otherwise, and that said persons establish their right to enter or as leave the Building. Landlord may be necessary enter upon the Premises and may exercise any or desirable for the operation or improvement all of the Building foregoing rights hereby reserved without being deemed guilty of an eviction or in order to comply with laws, orders or requirements disturbance of governmental or other authority. Landlord agrees to use its best efforts (except in an emergency) to minimize interference with Tenant's business use or possession, and without being liable in the Premises in the course of any such entrymanner to Tenant.
Appears in 1 contract
Samples: Office Lease (Charys Holding Co Inc)
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, except as provided herein, and without liability to Tenant for (a) damage or injury to property, person persons or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession or giving rise to any claim or setoff or abatement of the Premisesrent or affecting any of Tenant's obligations hereunder:
a. (a) To change the name by which the Building is designated upon two (2) months written notice to Tenant.
(b) To decorate and Project to make repairs, alterations, additions, changes or improvements, whether structural or otherwise, in and about the Building, or any part thereof, and for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entry ways, public space and corridors in the Building, to interrupt or temporarily suspend Building services and facilities and to change the name arrangement and location of entrances or street address passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building Building, so long as the Premises are reasonably accessible.
(c) To maintain, relocate, erect pipes and conduits through Tenant's space.
(d) To grant to anyone the exclusive right to conduct any business or Project;render any service in or to the Building, provided such exclusive right shall not operate to exclude Tenant from the use expressly permitted herein.
b. (e) To install alter, increase, reduce, reconfigure and maintain relocate the common areas.
(f) To take all signs on such reasonable measures as Landlord may deem advisable for the exterior and interior security of the Building and Project;
c. To have pass keys to the Premises and all doors within the Premisesits occupants, excluding Tenant's vaults and safes;
d. At any time during the Term, and on reasonable prior notice to Tenant, to inspect the Premises, and to show the Premises to any prospective purchaser or mortgagee of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to show the Premises to prospective tenants thereof; and
e. To enter the Premises for the purpose of making inspections, repairs, alterations, additions or improvements to the Premises or the Building (including, including without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection, maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement evacuation of the Building for cause, suspected cause, or in order for drill purposes, the temporary denial of access to comply with lawsthe Building, orders or requirements and the closing of governmental or other authority. Landlord agrees the Building after normal business hours and on Saturdays, Sundays and holidays; subject, however, to use its best efforts (except in an emergency) to minimize interference with Tenant's right to admittance when the Building is closed after normal business in hours under such reasonable regulations as Landlord may prescribe from time to time which may include, by way of example but not of limitation, that person entering or leaving the Premises in Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and that such persons establish their right to enter or leave the course of any such entryBuilding.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LANDLORD. Landlord reserves shall have the following rights, exercisable without notice, except as otherwise stated, and without liability to Tenant for (a) damage damages or injury to property, person or businessbusiness and without effecting an eviction, (b) causing an actual constructive or constructive eviction from the Premisesactual, or (c) disturbing disturbance of Tenant's use or possession of the Premisesor giving rise to any claim for set-off or abatement except as otherwise expressly provided herein:
a. (A) To change the Building's name the Building and Project and or street address. Landlord agrees to give Tenant one hundred eighty (180) days prior notice of such change of street address (except where Landlord is required to change the name or street address of the Building or Project;by any governmental authority).
b. (B) To install install, affix and maintain any and all signs on the exterior and interior of the Building.
(C) To designate and approve, prior to installation by Tenant, all types of window shades, blinds, drapes, awnings, window ventilators and other similar equipment, and to reasonably control all internal lighting that may be visible from the exterior of the Building so as to promote the uniformity or harmony of appearance of the exterior of the Building.
(D) Except as provided otherwise in this Lease, to reserve to Landlord the exclusive right to designate, limit, restrict and Project;
c. To have pass keys control any business or any service in or to the Premises and all doors within Building.
(E) To grant to anyone the Premisesexclusive right to conduct any business or render any service in or to the Building, excluding Tenant's vaults and safes;
d. At any time during provided such exclusive right shall not operate to exclude Tenant from the Term, and on reasonable prior notice use expressly permitted herein or increase the costs therefor to Tenant, to inspect and the Premises, rates charged by any such vendor shall be competitive market rates.
(F) To impose reasonable rules and to show regulations regarding the placing of vending or dispensing machines of any kind in or about the Premises to any prospective purchaser or mortgagee without the prior written permission of the Project, or to any assignee of any mortgage on the Project, or to others having an interest in the Project or Landlord, and during the last six months of the Term, to .
(G) To show the Premises to prospective tenants thereof; andat reasonable hours by appointment during the last nine (9) months of the Term, as it may be extended.
e. (H) To enter reasonably approve the weight, size and location of safes and other heavy equipment and bulky articles in and about the Premises and the Building (so as not to exceed the legal live load), and to require all such items and furniture and similar items to be moved into and out of the Building and Premises only at such times and in such manner as Landlord shall reasonably direct in writing. Subject to the provisions of Articles 11 and 25, any damages done to the Building or to other tenants in the Building by taking in or taking out safes, furniture, and other articles or from overloading the floor in any way shall be paid by Tenant. Furniture, boxes, merchandise or other bulky articles shall be transported within the Building only upon or by vehicles equipped with rubber tires and shall be carried only in a freight elevator when such service is available. Movements of Tenant's property into or out of the Building and within the Building are entirely at the risk and responsibility of Tenant and Landlord reserves the right to require registration before allowing any such property to be moved into or out of the Building. Landlord reserves the right to reasonably regulate the movement of, and to inspect, all property and packages brought into or out of the Building to enforce compliance with the terms of this Lease and to reasonably regulate delivery and service of supplies and the usage of loading docks, receiving areas and freight elevators. Landlord shall not discriminate against Tenant in its right to use such loading docks, receiving areas and freight elevators in conjunction with other tenants.
(I) To have access for Landlord to any mail chutes located on the purpose Premises according to the rules of making inspectionsthe United States Postal Service.
(J) To close the Building after regular working hours and on Saturdays, repairsSundays and holidays established by Landlord (subject to the limitations set forth herein) from time to time subject, alterationshowever, additions to Tenant's right to admittance under such reasonable regulations as Landlord may prescribe from time to time, which may include, by way of example but not of limitation, that persons entering or improvements leaving the Building identify themselves to a security officer by registration or otherwise and that said persons comply with Landlord's regulations concerning their and leaving the Building (Landlord agrees to furnish to Tenant prior notice in the case of any scheduled Building shutdown when Tenant shall not be able to gain access to the Premises provided such notice shall not limit or affect any rights granted to Tenant in Article 9 hereof).
(K) To change the arrangement, configuration, size or location of entrances, passageways, doors and doorways, corridors, stairs, toilets, elevators and escalators and other public service portions of the Building and the Property not contained within the Premises or any part thereof, so long as Landlord uses reasonable efforts to give Tenant prior notice in the event of any changes to common areas of the Building directly and materially serving the Premises or the Antennae on the Roof and so long as any such change does not materially and adversely affect Tenant's ability to conduct its business in the Premises or Tenant's access to the Premises or access to the Antennae on the Roof.
(L) To change the character or use of any part of the Building or the Property.
(includingM) Subject to the rights granted Tenant in Article 40 hereof, without limitationto use for itself the roof, checkingthe exterior portions of the Premises and such areas within the Premises (so long as the useable area of the Premises is not materially reduced) required for structural columns and their enclosures and the installation of utility lines, calibrating, adjusting or balancing controls Building systems and other parts of installations required to service the HVAC system)Building, the Property or tenants or occupants thereof and to take all steps as may be necessary or desirable maintain and repair same, no rights being hereby conferred upon Tenant, and, unless otherwise specifically provided herein, to exercise for itself any rights to the safety, protection, maintenance or preservation land and improvements below the floor level of the Premises or the Building air rights above the Premises and to the land and improvements located on and within the public areas. Neither Tenant nor its employees, invitees, guests and agents shall, without obtaining in each instance the prior written consent of Landlord (which consent shall not be unreasonably withheld or Landlord's interest thereindelayed, and shall be conditioned upon such requirements as Landlord deems appropriate) (1) go above or through suspended ceilings, (2) remove any ceiling tiles or affix anything thereto, remove anything therefrom or cut into or alter the same in any way, (3) enter fan rooms or other mechanical spaces, or as may be necessary (4) open doors or desirable for the operation or improvement of the remove panels providing access to utility lines, Building or in order to comply with laws, orders or requirements of governmental systems or other authority. Landlord agrees installations required to use its best efforts (except in an emergency) to minimize interference with Tenant's business in the Premises in the course of any such entryservice tenants.
Appears in 1 contract