CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent: A. To reasonably control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One and in the corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign visible from the adjacent private driveway indicating that Lessee is an occupant of the EastPark One Building. B. To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide in or to EastPark One, including but not limited to the designation of sources from which Lessee may obtain sign painting and lettering. Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees occupying space in EastPark One, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that the quality of such services designated by Landlord shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providers. C. To reasonably 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 Lessor and Lessee. This provision shall not apply to Lessee's safes, or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items or areas containing proprietary items or information. D. To temporarily, while making repairs, alterations, additions, or improvements, whether structural or otherwise, in and about EastPark One, or any part thereof, close doors, entryways, public spaces, and corridors in EastPark One and to interrupt or temporarily suspend services and facilities. Lessor shall use all reasonable efforts in its exercise of its rights under this Paragraph D to interfere as little as reasonably possible under the circumstances with Lessee's use of and operation in the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and property. E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, provided, however, Lessee shall be allowed to use coffee machines, vending machines and microwave ovens (for heating as opposed to cooking) in the Premises. F. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One and to require all such items to be moved into and out or EastPark One and the Premises only at such times and in such manner as Lessor shall direct in writing.
Appears in 1 contract
Samples: Gross Lease Agreement (Integrated Information Systems Inc)
CERTAIN RIGHTS RESERVED BY LESSOR. (a) Lessor reserves shall have the following rights rights, exercisable without notice and without liability to Lessee for damage or injury to property, person or business and without effecting an eviction, constructive construction or actual, or disturbance of Lessee's use or possession, possession or giving rise to any claim for setoff set off or abatement of rentrents:
A. (i) To reasonably control, change the building's name or street address.
(ii) To install, affix and maintain any and all signs on the Propertyexterior, or on interior and/or roof of the exterior building.
(iii) To designate and/or approve, prior to installation, all types of EastPark One and in the corridorswindow shades, entrances blinds, drapes, awnings, window ventilators and other common areas thereof. Landlord agrees, at its cost similar equipment and expenseto control all internal lighting, that it will erect and maintain at least one free standing sign may be visible from the adjacent private driveway indicating that Lessee is an occupant of the EastPark One Buildingexterior lobbies, hallways or other common areas.
B. (iv) To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide in or to EastPark One, including but not limited to the designation of sources from which Lessee may obtain sign painting and lettering. Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees occupying space in EastPark One, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in show the Premises pursuant to prospective tenants at reasonable hours and if vacated by Lessee, to prepare the terms hereof and further provided that the quality of such services designated by Landlord shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providersPremises for reoccupancy.
C. (v) To reasonably retain at all times and to use in appropriate instances instances, keys to all doors within and into the Premises. No locks lock shall be changed and no new lock shall be installed without the prior written consent of Lessor and Lessee. This provision shall not apply to Lessee's safes, or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items or areas containing proprietary items or informationLessor.
D. (vi) To temporarily, while making decorate and to make repairs, alterations, additions, additions or improvements, whether structural or otherwise, in and about EastPark One, the building or in any part thereofthereof and for such purposes to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public spaces, space and corridors in EastPark One the building and to interrupt or temporarily suspend building services and facilities. Lessor shall use , all reasonable efforts in its exercise without abatement of its rights under this Paragraph D to interfere as little as reasonably possible under the circumstances with rent or affecting any of Lessee's use of and operation in obligations hereunder so long as the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and propertyPremises are reasonably accessible.
E. (vii) To reasonably restrict or prohibit vending or dispensing machines have and retain a paramount title to the premises, free and clear of any kind act of Lessee purporting to burden or encumber it.
(viii) To grant or deny to anyone the right to conduct any business or render any service in or about to the Premisesbuilding, provided, however, provided such exclusive right shall not operate to exclude Lessee shall be allowed to from the use coffee machines, vending machines and microwave ovens (for heating as opposed to cooking) in the Premisesexpressly permitted herein.
F. (ix) To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One and to require all such furniture and similar items to be moved into and/or out of the building and out or EastPark One and the Premises only at such times and in such manner as Lessor shall direct in writing. Movements of Lessee's property into or out of the building and within the building are entirely at the risk and responsibility of Lessee and Lessor reserves the right to require permits before allowing any such property to be moved into or out of the building.
(x) To approve or disapprove in writing the placing of vending or dispensing machines of any kind in or about the Premises.
(xi) To have access for Lessor and other tenants of the building to any mail chutes located on the Premises according to the rules of the United States Post Office.
(xii) To close the building after regular working hours and on Saturday, Sunday and legal holidays, subject, however, to Lessee's right to admittance under such regulations as Lessor may prescribe from time to time.
(b) Lessor 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 of a disturbance of Lessee's use or possession, and without being deemed guilty of an eviction or of a disturbance of Lessee's use or possession, and without being liable in any manner to Lessee.
Appears in 1 contract
Samples: Office Lease (Allos Therapeutics)
CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent:
A. To reasonably control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One the Complex and in the any common corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign except those signs within the Premises not visible from outside the adjacent private driveway indicating that Lessee is an occupant of the EastPark One BuildingPremises.
B. To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide service in or to EastPark Onethe Complex, including but not limited to the designation of sources from which Lessee may obtain sign painting and lettering; provided, however, nothing contained herein shall be deemed to limit the sources from which Lessee may obtain services used in the ordinary course of Lessee's business, including, but not limited to, courier or delivery services. Any restrictionrestric- tion, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees tenants occupying space in EastPark One, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that the quality of such services designated by Landlord shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providersComplex.
C. To reasonably retain at all times and to use in appropriate instances keys to all exterior doors within and into the Premises. No exterior locks shall be changed without the prior written consent of Lessor and LesseeLessor. This provision shall not apply to Lessee's safes, safes or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items items, or to other areas containing proprietary items or informationwithin the Premises which Lessee deems proprietary.
D. To temporarilymake repairs, while making repairsimprovements, alterations, additions, additions or improvementsinstallations, whether structural or otherwise, in and about EastPark Onethe Complex, or any part thereof, and for such purposes to enter upon the Premises, and during the continuation of any of said work, to temporarily close doors, entryways, public spaces, spaces and corridors in EastPark One the Complex and to interrupt or temporarily suspend services and facilities. Lessor shall give reasonable advance notice to Lessee prior to commencing such activities, and shall use all commercially reasonable efforts to complete such activities at such time and in its exercise such manner so as to minimize any material adverse impact on the ability of its rights under this Paragraph D Lessee to interfere as little as reasonably possible under the circumstances with conduct Lessee's use of and operation in the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and property.
E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, provided, however, Lessee shall be allowed to use coffee machines, vending machines and microwave ovens (for heating as opposed to cooking) in the Premises.
F. E. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One the Complex and to require all such items to be moved into and out or EastPark One of the Complex and the Premises only at such times and in such manner as Lessor shall direct in writing. Upon approval of Lessee's space plan, as evidenced by the initials of an authorized representative of Lessor thereon, Lessor shall be deemed to have approved the weight, size and location of items to be located with the Premises. In the event any of such items shall be moved from the locations depicted on said approved space plan, Lessor shall again have the approval rights granted in this paragraph with respect to such items.
Appears in 1 contract
Samples: Lease (Papa Johns International Inc)
CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent:
A. To reasonably X. Xx control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One the Office/Warehouse Complex and in the any common corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign except those signs within the Premises not visible from outside the adjacent private driveway indicating that Lessee is an occupant of the EastPark One BuildingPremises.
B. To X. Xx reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide service in or to EastPark Onethe Office/Warehouse Complex, including but not limited to the designation of sources from which Lessee may obtain sign painting and lettering. Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees tenants occupying space in EastPark One, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that the quality of such services designated by Landlord shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providers.
C. To reasonably Office/ Warehouse Complex. X.Xx 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 Lessor and LesseeLessor. This provision shall not apply to Lessee's safes, or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items or areas containing proprietary items or information.
D. To temporarily, while making items. X.Xx make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about EastPark Onethe Office/Warehouse Complex, or any part thereof, and for such purposes to enter upon the Premises, and during the continuation of any of said work, to temporarily close doors, entryways, public spaces, and corridors in EastPark One the Office/Warehouse Complex and to interrupt or temporarily suspend services and facilities. Lessor E.Lessee shall use all reasonable efforts in its exercise not overload the floor or structural components of its rights under this Paragraph D to interfere as little as reasonably possible under the circumstances with Lessee's use of and operation in the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and propertyOffice/Warehouse Complex.
E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, provided, however, Lessee shall be allowed to use coffee machines, vending machines and microwave ovens (for heating as opposed to cooking) in the Premises.
F. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One and to require all such items to be moved into and out or EastPark One and the Premises only at such times and in such manner as Lessor shall direct in writing.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent:
A. To reasonably Subject to Article XXXVI, below, to control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One the Office Complex and in the corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign visible from the adjacent private driveway indicating that Lessee is an occupant of the EastPark One Building.,
B. To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide service in or to EastPark Onethe Office Complex, including but not limited to the designation of sources from which Lessee may obtain sign painting and letteringlettering (however, Lessor agrees not to unreasonably withhold its consent to Lessee's designation). Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees tenants occupying space in EastPark Onethe Office Complex, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that comprehensive sign program, applicable to the quality of such services designated by Landlord Office Complex, which shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providersbe subject to Lessee's reasonable consent.
C. To reasonably retain at all times and to use in appropriate instances (which, except during an emergency, shall require reasonable prior notice) keys to all doors within and into the Premises. No locks shall be changed without the prior written consent of Lessor and LesseeLessor. This provision shall not apply to Lessee's safes, safes or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items or areas containing proprietary items or informationsimilar items.
D. To temporarilymake repairs, while making repairsimprovements, alterations, additions, additions or improvementsinstallations, whether structural or otherwise, in and about EastPark Onethe Office Complex, or any part thereof, and for such purposes to enter upon the Premises (after reasonable advance notice of twenty-four (24) hours), and during the continuation of any of said work, to temporarily close doors, entryways, public spaces, spaces and corridors in EastPark One the Office Complex and to interrupt or temporarily suspend services and facilities. Lessor shall use all reasonable efforts in its exercise of its rights under this Paragraph D to interfere as little as reasonably possible under the circumstances with Lessee's use of and operation in the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and property.
E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, ; provided, however, Lessee shall be allowed Lessor consents to use coffee machines, the installation of vending machines and microwave ovens (for heating as opposed to cooking) in the Premisespantry or kitchen areas of the Premises for the dispensing of soda and other similar drinks and snack foods to only Lessee's employees, clients and visitors.
F. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One the Office Complex and to require all such items to be moved into and out or EastPark One of the Office Complex and the Premises only at such times and in such manner as Lessor shall direct in writing.
G. To grant to anyone the exclusive right to conduct any particular business or undertaking in the Office Complex other than general office use, for only the following businesses: banks, savings and loan associations, candy and/or tobacco shops, and other stores selling retail products. Lessor and its agents may enter the Premises at any time in case of emergency and shall have the right to use any and all means which Lessor may deem proper to open such doors during an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Lessor in the event of an emergency shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or detainer of, the Premises, or to be an eviction of Lessee from the Premises or any portion thereof.
(a) post notices of nonresponsibility; and (b) exhibit the Premises to holders of encumbrances on the interest of Lessor under the All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rent. If Lessee shall fail to pay any sum of money (other than rent due Lessor) required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease, Lessor may, but shall not be obligated to do so, without waiving or releasing Lessee from any obligations of Lessee, and upon reasonable prior notice to Lessee, make any such payment or perform any such act on Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs, together with an administrative charge in the amount of ten percent (10%) of any costs incurred by Lessor, and interest thereon at the rate set forth in Article III accruing from the date paid or incurred by Lessor until reimbursed to Lessor by Lessee, shall be payable to Lessor by Lessee as rent on demand and Lessee covenants to pay all such sums. Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of Lessee's nonpayment of such sums, as in the case of default by Lessee in the payment of rent to Lessor
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent:
A. To reasonably control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One the Office/Warehouse Complex and in the any common corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign except those signs within the Premises not visible from outside the adjacent private driveway indicating that Lessee is an occupant of the EastPark One BuildingPremises.
B. To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide service in or to EastPark Onethe Office/Warehouse Complex, including but not limited to the designation of sources from which Lessee may obtain sign painting and lettering. Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees tenants occupying space in EastPark One, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that the quality of such services designated by Landlord shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providersOffice/Warehouse Complex.
C. To reasonably 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 Lessor and LesseeLessor, which shall not unreasonably be withheld. This provision shall not apply to Lessee's safes, or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items items. Notwithstanding the above provisions of this Subparagraph C, in the event Lessee desires that Lessor not have keys to the Premises, Lessee shall pay for the reasonable costs for repair of all damage to doors to the Premises caused by persons attempting to gain entrance in the event of an emergency or areas containing proprietary items or informationperceived emergency.
D. To temporarily, while making make repairs, alterations, additions, or improvements, whether structural or otherwise, in and about EastPark Onethe Office/Warehouse Complex, or any part thereof, and for such purposes to enter upon the Premises, and during the continuation of any of said work, to temporarily close doors, entryways, public spaces, and corridors in EastPark One the Office/Warehouse Complex and to interrupt or temporarily suspend services and facilities. Notwithstanding the above, Lessor shall use all reasonable efforts in its exercise of its rights under this Paragraph D not make alterations, additions or improvements to interfere as little as reasonably possible under the circumstances with Office/Warehouse Complex which would materially adversely affect Lessee's rights to use of and operation in the Premises granted herein or Lessee's parking rights or access to the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and property.
E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, provided, however, Lessee shall be allowed to use coffee machines, vending machines and microwave ovens (for heating as opposed to cooking) in the Premises.
F. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One the Office/Warehouse Complex and to require all such items to be moved into and out or EastPark One of the Office/Warehouse Complex and the Premises only at such times and in such manner as Lessor shall direct in writing.
Appears in 1 contract
CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent, provided that in exercising any such rights, Lessor shall use reasonable efforts to interfere as little as reasonably possible with Lessee's business operations on the Premises under the circumstances, but nothing herein shall require Lessor to perform such work at other than normal business hours:
A. To reasonably control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One the Office Complex and in the corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign except those signs within the Premises not visible from outside the adjacent private driveway indicating that Premises and those signs permitted by this Lease to be installed by Lessee is an occupant of the EastPark One Building.or otherwise permitted by Lessor. -26-
B. To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide service in or to EastPark Onethe Office Complex (except any service to be performed or provided hereunder by Lessor), including includ- ing but not limited to the designation of sources from which Lessee may obtain sign painting and lettering. Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees tenants occupying space in EastPark One, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that the quality of such services designated by Landlord shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providersOffice Complex.
C. To reasonably 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 Lessor and LesseeLessor. This provision shall not apply to Lessee's safes, safes or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items or areas containing proprietary items or informationsimilar items.
D. To temporarilymake repairs, while making repairsimprovements, alterations, additions, additions or improvementsinstallations, whether structural or otherwise, in and about EastPark Onethe Office Complex, or any part thereof, and for such purposes to enter upon the Premises, and during the continuation of any of said work, to temporarily close doors, entryways, public spaces, spaces and corridors in EastPark One the Office Complex and to interrupt or temporarily suspend services and facilities. ; provided, however, in exercising the rights reserved to Lessor pursuant to this paragraph VII.D, Lessor shall use all commercially reasonable efforts in its exercise to minimize any material adverse interference with or disturbance of its rights under this Paragraph D to interfere as little as reasonably possible under the circumstances with Lessee's ability to utilize the Premises for the use of and operation in the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and propertypermitted hereunder.
E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, ; provided, however, Lessee shall be allowed Lessor consents to use coffee machines, the installation of vending machines and microwave ovens (for heating as opposed to cooking) in the Premisespantry or kitchen areas of the Premises for the dispensing of soda and other similar drinks and snack foods to Lessee's employees, clients and visitors.
F. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One the Office Complex and to require all -27- such items to be moved into and out or EastPark One of the Office Complex and the Premises only at such times and in such manner as Lessor shall direct in writing. Lessor and its agents may enter the Premises at any time in case of emergency and shall have the right to use any and all means which Lessor may reasonably deem proper to open such doors during an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Lessor in the event of an emergency shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or detainer of, the Premises, or to be an eviction of Lessee from the Premises or any portion thereof.
(a) post notices of nonresponsibility; and (b) exhibit the Premises to holders of encumbrances on the interest of Lessor under the Lease and to prospective purchasers, mortgagees or lessees of the Office Complex; provided, however, such exhibition of the Premises to prospective lessees shall be limited to (i) normal business hours during the final six (6) months of the term hereof, and (ii) such times to which Lessee reasonably agrees. If, during the last month of the Lease term, Lessee shall have removed substantially all of Lessee's property and personnel from the Premises, Lessor may enter the Premises and repair, alter, and redecorate the same, without abatement of rent and without liability to Lessee, and such acts shall have no effect on this Lease. All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rent. If Lessee shall fail to pay any sum of money (other than rent due Lessor) required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease, Lessor may, but shall not be obligated to do so, and without waiving or releasing Lessee from any obligations of Lessee, make any such payment or perform any such act on -28- Lessee's part to be made or performed as in this Lease provided. All reasonable sums so paid by Lessor and all necessary and reasonable incidental costs, together with an administrative charge in the amount of fifteen percent (15%) of any costs incurred by Lessor, and interest thereon at the rate set forth in Article III accruing from the date paid or incurred by Lessor until reimbursed to Lessor by Lessee, shall be payable to Lessor by Lessee as rent on demand and Lessee covenants to pay all such sums. Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of Lessee's nonpayment of such sums, as in the case of default by Lessee in the payment of rent to Lessor.
Appears in 1 contract
Samples: Office Lease (Udc Homes Inc)
CERTAIN RIGHTS RESERVED BY LESSOR. Lessor reserves the following rights exercisable without notice and without liability to Lessee and without effecting an eviction, constructive or actual, or disturbance of Lessee's use or possession, or giving rise to any claim for setoff or abatement of rent:
A. To reasonably Subject to Article XXXVI, below, to control, install, affix and maintain any and all signs on the Property, or on the exterior of EastPark One the Office Complex and in the corridors, entrances and other common areas thereof. Landlord agrees, at its cost and expense, that it will erect and maintain at least one free standing sign except those signs within the Premises not visible from outside the adjacent private driveway indicating that Lessee is an occupant of the EastPark One BuildingPremises.
B. To reasonably designate, limit, restrict and control any services (by third parties) which Lessor is not obligated to provide service in or to EastPark Onethe Office Complex, including but not limited to the designation of sources from which Lessee may obtain sign painting and letteringlettering (however, Lessor agrees not to unreasonably withhold its consent to Lessee's designation). Any restriction, designation, limitation or control imposed by reason of this subparagraph shall be imposed uniformly on Lessee and other Lessees tenants occupying space in EastPark Onethe Office Complex, provided, however, that such restriction and control shall not prevent or unreasonably interfere with services delivering packages, parcels, mail, freight or similar items or the delivery of the product of services performed elsewhere for use by Lessee in the Premises pursuant to the terms hereof and further provided that comprehensive sign program, applicable to the quality of such services designated by Landlord Office Complex, which shall meet or exceed the quality of competitive providers and that the costs of such services designated by Landlord shall not exceed the costs of such services from competitive providersbe subject to Lessee's reasonable consent.
C. To reasonably retain at all times and to use in appropriate instances (which, except during an emergency, shall require reasonable prior notice) keys to all doors within and into the Premises. No locks shall be changed without the prior written consent of Lessor and LesseeLessor. This provision shall not apply to Lessee's safes, safes or other areas maintained by Lessee for the safety and security of monies, securities, negotiable instruments or like items or areas containing proprietary items or informationsimilar items.
D. To temporarilymake repairs, while making repairsimprovements, alterations, additions, additions or improvementsinstallations, whether structural or otherwise, in and about EastPark Onethe Office Complex, or any part thereof, and for such purposes to enter upon the Premises (after reasonable advance notice of twenty-four (24) hours), and during the continuation of any of said work, to temporarily close doors, entryways, public spaces, spaces and corridors in EastPark One the Office Complex and to interrupt or temporarily suspend services and facilities. Lessor shall use all reasonable efforts in its exercise of its rights under this Paragraph D to interfere as little as reasonably possible under the circumstances with Lessee's use of and operation in the Premises, but nothing herein shall require Lessor to perform any such work at other than normal business hours. All such work shall be performed by Lessor in a manner using reasonable effort to protect the safety of persons and property.
E. To reasonably restrict or prohibit vending or dispensing machines of any kind in or about the Premises, ; provided, however, Lessee shall be allowed Lessor consents to use coffee machines, the installation of vending machines and microwave ovens (for heating as opposed to cooking) in the Premisespantry or kitchen areas of the Premises for the dispensing of soda and other similar drinks and snack foods to only Lessee's employees, clients and visitors.
F. To reasonably approve the weight, size and location of safes and other heavy equipment and articles in and about the Premises and EastPark One the Office Complex and to require all such items to be moved into and out or EastPark One of the Office Complex and the Premises only at such times and in such manner as Lessor shall direct in writing.
G. To grant to anyone the exclusive right to conduct any particular business or undertaking in the Office Complex other than general office use, for only the following businesses: banks, savings and loan associations, candy and/or tobacco shops, and other stores selling retail products. Lessor and its agents may enter the Premises at any time in case of emergency and shall have the right to use any and all means which Lessor may deem proper to open such doors during an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Lessor in the event of an emergency shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or detainer of, the Premises, or to be an eviction of Lessee from the Premises or any portion thereof.
(a) post notices of nonresponsibility; and (b) exhibit the Premises to holders of encumbrances on the interest of Lessor under the Lease and to prospective purchasers, mortgagees or lessees of the Office Complex. All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee at Lessee's sole cost and expense and without any abatement of rent. If Lessee shall fail to pay any sum of money (other than rent due Lessor) required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, including, but not limited to, the failure to commence and complete repairs promptly and adequately, and the failure to remove any liens or otherwise to perform any act or fulfill any obligation required of Lessee under this Lease, Lessor may, but shall not be obligated to do so, without waiving or releasing Lessee from any obligations of Lessee, and upon reasonable prior notice to Lessee, make any such payment or perform any such act on Lessee's part to be made or performed as in this Lease provided. All sums so paid by Lessor and all necessary incidental costs, together with an administrative charge in the amount of ten percent (10%) of any costs incurred by Lessor, and interest thereon at the rate set forth in Article III accruing from the date paid or incurred by Lessor until reimbursed to Lessor by Lessee, shall be payable to Lessor by Lessee as rent on demand and Lessee covenants to pay all such sums. Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of Lessee's nonpayment of such sums, as in the case of default by Lessee in the payment of rent to Lessor.
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