Common use of Changes by Landlord Clause in Contracts

Changes by Landlord. (a) Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring liability to Tenant therefor, to make reasonable alterations to the Common Areas (including the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, and bathrooms in the Common Areas), so long as: (1) (x) the number of parking spaces located within the Parking Areas shall not be reduced, and (y) access to and from the Parking Areas (i.e., the ingress and egress between Parking Areas and the street, and ingress and egress between the Parking Areas and the Leased Premises) shall remain equivalent to, or become better than, the access to and from the Parking Areas available on the Commencement Date; (2) access to and from the Leased Premises (i.e., the ingress and egress between the Leased Premises and the street) shall remain equivalent to, or become better than, the access to and from the Leased Premises available on the Commencement Date, and (3) neither (i) the visibility of the ground floor portion(s) of the Leased Premises, nor (ii) the visibility or prominence of any Tenant’s Building Signage shall be adversely affected. (b) Landlord shall have the right to close, from time to time, portions of the Common Areas for such temporary periods as Landlord reasonably deems legally necessary and sufficient to evidence Landlord’s ownership and control thereof so as to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord, so long as a reasonable means of ingress and egress to and from the Leased Premises is maintained at all times. (c) Landlord may make alterations to the Leasable Areas other than the Leased Premises; provided, however, that no reduction made to the aggregate amount of Leasable Areas shall reduce the denominator used in computing Tenant’s Occupancy Percentage.

Appears in 3 contracts

Samples: Lease (KBS Real Estate Investment Trust, Inc.), Lease Agreement (Gramercy Capital Corp), Lease (Gramercy Capital Corp)

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Changes by Landlord. (a) Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring liability to Tenant therefor, to make reasonable alterations to the Common Areas (including the arrangement or location of entrances or ________________________________________________________________________________________________________________________ passageways, doors and doorways, corridors, elevators, stairs, and bathrooms in the Common Areas), so long as: (1) (x) the number of parking spaces located within the Parking Areas shall not be reduced, and (y) access to and from the Parking Areas (i.e., the ingress and egress between Parking Areas and the street, and ingress and egress between the Parking Areas and the Leased Premises) shall remain equivalent to, or become better than, the access to and from the Parking Areas available on the Commencement Date; (2) access to and from the Leased Premises (i.e., the ingress and egress between the Leased Premises and the street) shall remain equivalent to, or become better than, the access to and from the Leased Premises available on the Commencement Date, and (3) neither (i) the visibility of the ground floor portion(s) of the Leased Premises, nor (ii) the visibility or prominence of any Tenant’s Building Signage shall be adversely affected. (b) Landlord shall have the right to close, from time to time, portions of the Common Areas for such temporary periods as Landlord reasonably deems legally necessary and sufficient to evidence Landlord’s ownership and control thereof so as to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord, so long as a reasonable means of ingress and egress to and from the Leased Premises is maintained at all times. (c) Landlord may make alterations to the Leasable Areas other than the Leased Premises; provided, however, that no reduction made to the aggregate amount of Leasable Areas shall reduce the denominator used in computing Tenant’s Occupancy Percentage.

Appears in 2 contracts

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

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Changes by Landlord. (a) A. The description of the Property and the location of any Property utility system(s), including without limitation electrical, plumbing, shall be subject to such minor changes as Landlord determines to be necessary or desirable in the course of any construction performed by or under the authorization of Landlord. No such changes shall invalidate or affect this Lease. Landlord shall effect such changes using reasonable efforts not to disturb Tenant's business. Tenant shall have no claim against Landlord for abatement of rent or loss of business as a result of any such disturbance. B. Landlord shall have the right at any timein its sole discretion to, without among other things, change permitted land uses, install, maintain and remove public improvements, change the same constituting an actual or constructive eviction and without incurring liability to Tenant thereforarrangement, to make reasonable alterations to the Common Areas (including the arrangement character, use or location of entrances or passageways, doors and doorwayswalkways, corridorsstreets, elevatorssidewalks, parking areas, stairs, and bathrooms in the Common Areas)landscaping, so long as: (1) (x) the number of parking spaces located within the Parking Areas shall not be reducedtoilets, and (y) access to other facilities and from the Parking Areas (i.e., the ingress and egress between Parking Areas and the streetportions of Aquatic Park, and ingress and egress between to change the Parking Areas and name, number or designation by which the Leased Premises) shall remain equivalent to, or become better than, the access to and from the Parking Areas available on the Commencement Date; (2) access to and from the Leased Premises (i.e., the ingress and egress between the Leased Premises and the street) shall remain equivalent to, or become better than, the access to and from the Leased Premises available on the Commencement Date, and (3) neither (i) the visibility Building is commonly known. None of the ground floor portion(s) foregoing shall be deemed an actual or constructive eviction of the Leased PremisesTenant, nor (ii) the visibility shall it entitle Tenant to any reduction of rent hereunder or prominence result in any liability of any Landlord to Tenant’s Building Signage shall be adversely affected. (b) Landlord shall have the right to close, from time to time, portions of the Common Areas for such temporary periods as Landlord reasonably deems legally necessary and sufficient to evidence Landlord’s ownership and control thereof so as to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord, so long as a reasonable means of ingress and egress to and from the Leased Premises is maintained at all times. (c) Landlord may make alterations to the Leasable Areas other than the Leased Premises; provided, however, Landlord shall not unreasonably obstruct or interfere with access to or the lines of sight toward the Property. C. Landlord reserves to itself and the right to grant to others in the future non- exclusive utility easements over, under, through, across or on the Property in locations that no reduction made will not unreasonably interfere with Xxxxxx's access to or use of the Property. Any interference shall be temporary, and all work on the Property shall proceed expeditiously. Tenant shall be given reasonable notice before commencement of any work on the Property. In the event the installation or maintenance of such future utility lines in such easements causes any damage to the aggregate amount Property, or any portion thereof, or to any other buildings, structures or facilities located upon the Property, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord at its expense, if not so repaired by the party installing and maintaining the line. Landlord shall hold harmless and indemnify Tenant from all claims arising out of Leasable Areas shall reduce the denominator used in computing Tenant’s Occupancy Percentagegrant or use of such a utility easement, except to the extent they result from the negligence or other wrongful act or omission by Xxxxxx.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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