Common use of Changes to Project by Landlord Clause in Contracts

Changes to Project by Landlord. Landlord shall have the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic therein. Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to the Premises remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to (a) rearrange, change, expand or contract portions of the Project constituting Common Areas (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and (c) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Landlord shall be entitled to change the name or address of the Building or the Project. Landlord shall have the right to close, from time to time, the Common Areas and other portions of the Project for such temporary periods as Landlord deems legally sufficient to evidence Landlord’s ownership and control thereof and to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord.

Appears in 1 contract

Samples: Lease Agreement (Sigmatel Inc)

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Changes to Project by Landlord. Landlord shall have the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable 's discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic therein. Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, on any multi-tenanted floor, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to the Premises remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to (a) to rearrange, change, expand or contract portions of the Project constituting Common Areas (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and (c) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord maymay deem to be appropriate. Notwithstanding the foregoing, in the exercise of sound business judgmentthe rights provided under this Article, deem Landlord shall not unreasonably interfere with Tenant's use of its Premises and shall use commercially reasonable efforts to be appropriateminimize any such interference or interruption. Landlord shall be entitled to change the name or address of the Building or the Project. Landlord shall have the right to close, from time to time, the Common Areas and other portions of the Project for such temporary periods as Landlord deems legally sufficient to evidence Landlord’s 's ownership and control thereof and to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord.

Appears in 1 contract

Samples: Lease Agreement (Earthlink Network Inc /De/)

Changes to Project by Landlord. Landlord shall have the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic therein. Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to the Premises remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to (a) rearrange, change, expand or contract portions of the Project constituting Common Areas (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and (c) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Landlord shall be entitled to change the name or and, upon sixty (60) days prior notice to Tenant, the address of the Building or the Project, provided Landlord reimburses Tenant for any reasonable costs required to change Tenant’s existing inventory of letterhead. Landlord shall not make any change to the Project which would materially and permanently interfere with the use of the Premises for Tenant’s Permitted Uses; provided, however, Landlord shall have the right to close, from time to time, the Common Areas and other portions of the Project for such temporary periods as Landlord deems legally sufficient to evidence Landlord’s ownership and control thereof and to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord.

Appears in 1 contract

Samples: Lease Agreement (Calamos Asset Management, Inc. /DE/)

Changes to Project by Landlord. Landlord shall have the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic therein. Landlord shall have the right may at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to the Premises remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to therefor (a) rearrange, change, expand or contract portions of the Project constituting Common Areas Areas, (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and (c) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Landlord shall be entitled to change , including without limitation the name or address reasonable closure of any portion of the Building Project or the ProjectCommon Areas for such time in order to construct additional buildings or other improvements or prevent any adverse possession or public dedication claim, provided Tenant continues to have access to the Project and Premises, full use of the Cafeteria and subject to the provisions set forth below, parking as required under this Lease. In particular, without limiting the foregoing Tenant hereby acknowledges that (a) Landlord shall have reserves the right to close, from time to time, further subdivide all or a portion of the Common Areas and other Project; (b) if portions of the Project for such temporary periods as Landlord deems legally sufficient or property adjacent to evidence Landlord’s ownership and control thereof and to prevent any claim of adverse possession by, or any implied or actual dedication tothe Project (collectively, the public or “Other Improvements”) are at any party time owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, except for the Cafeteria, which may only be used as provided in Section 26.1 below, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Operating Costs to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project and at Landlord’s request, Tenant shall subordinate this Lease to any such agreement pursuant to the terms of Section 18.5; and (c) nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord’s right to convey all or any portion of the Project or any other of Landlord’s rights described in this Lease. Tenant acknowledges that Landlord may take various actions with respect to the Project, including, but not limited to, performing construction on portions of the Project following Tenant’s occupancy of the Premises, and that such actions may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Except as expressly set forth in this Lease, Tenant hereby waives any and all rent offsets that may arise in connection with such actions, including any offsets that may arise in connection with such actions. Notwithstanding anything to the contrary contained herein, the parties hereto contemplate that during construction at the Project Landlord will require alternative parking arrangements for the Project. The type and terms of such alternative parking arrangement will be subject to Tenant’s consent not to be unreasonably withheld, conditioned or delayed, but such arrangements may include valet parking on the Project.

Appears in 1 contract

Samples: Lease Agreement (Hyperion Solutions Corp)

Changes to Project by Landlord. Landlord shall have the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic therein. Landlord shall have the right may at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to the Premises remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to therefor (a) rearrange, change, expand or contract portions of the Project constituting Common Areas Areas, (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and (c) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Landlord shall be entitled to change , including without limitation the name or address reasonable closure of any portion of the Building Project or the ProjectCommon Areas for such time in order to construct additional buildings or other improvements or prevent any adverse possession or public dedication claim, provided Tenant continues to have access to the Project and Premises, full use of the Cafeteria and subject to the provisions set forth below, parking as required under this Lease. In particular, without limiting the foregoing Tenant hereby acknowledges that (a) Landlord shall have reserves the right to close, from time to time, further subdivide all or a portion of the Common Areas and other Project; (b) if portions of the Project for such temporary periods as Landlord deems legally sufficient or property adjacent to evidence Landlord’s ownership and control thereof and to prevent any claim of adverse possession by, or any implied or actual dedication tothe Project (collectively, the public or “Other Improvements”) are at any party time owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, except for the Cafeteria, which may only be used as provided in Section 25.1 below, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Operating Costs to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project and at Landlord’s request, Tenant shall subordinate this Lease to any such agreement pursuant to the terms of Section 18.5; and (c) nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord’s right to convey all or any portion of the Project or any other of Landlord’s rights described in this Lease. Tenant acknowledges that Landlord may take various actions with respect to the Project, including, but not limited to, performing construction on portions of the Project following Tenant’s occupancy of the Premises, and that such actions may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Except as expressly set forth in this Lease, Tenant hereby waives any and all rent offsets that may arise in connection with such actions, including any offsets that may arise in connection with such actions. Any changes made pursuant to this Section 21.15 shall not alter the computation of Operating Costs as provided in this Article 6 or Taxes as provided in Article 5, but, on and after the date of any such change, Tenant’s Share of Operating Costs and Taxes shall be appropriately adjusted. Notwithstanding anything to the contrary contained herein, the parties hereto contemplate that during construction at the Project Landlord will require alternative parking arrangements for the Project. The type and terms of such alternative parking arrangement will be subject to Tenant’s consent not to be unreasonably withheld, conditioned or delayed, but such arrangements may include valet parking as part of the Project Parking. Without limiting the circumstances under which Tenant may reasonably withhold consent to such alternate parking arrangements, Tenant may reasonably object to any such arrangement which provides Tenant less than Tenant’s Share of the remaining parking in the Underground Parking Area and surface Parking Lots under and adjacent to the Building.

Appears in 1 contract

Samples: Lease Agreement (Atheros Communications Inc)

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Changes to Project by Landlord. So long as such changes do not materially and adversely interfere with Tenant’s use of the Premises for the conduct of Tenant’s business, materially affect access to the Premises (other than on a temporary basis to prevent any adverse possession or public dedication claim) or materially affect Tenant’s parking rights granted herein (and Landlord has not provided reasonable substitute parking at no additional out-of-pocket costs to Tenant, Landlord shall have the following rights: (a) the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic therein. Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to ; (b) change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to (without the Premises remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to same constituting an actual or constructive eviction or imposing any liability on Landlord); (ac) rearrange, change, expand or contract portions of the Project constituting Common Areas Areas; (bd) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and ; (ce) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord may, in the exercise of sound business judgment, deem to be appropriate. Landlord shall be entitled to ; (f) change the name or address of the Building or the Project. ; provided that Landlord shall have reimburse Tenant for its costs and expenses incurred in replacing Tenant’s stationary, marketing materials and/or business cards on hand (but not more than a sixty (60) day supply) which contain the right to close, from time to time, the Common Areas and other portions name or address of the Project Building. Notwithstanding the foregoing, if Landlord breaches its obligations set forth in this Section 20.15 and as a result thereof, Tenant’s use of the Premises for the conduct of Tenant’s business is materially and adversely interfered with, access to the Premises is materially affected and/or Tenant’s parking rights granted herein are materially affected (and Landlord has not provided reasonable substitute parking at no out-of-pocket cost to Tenant) and Tenant in fact ceases doing business in the Premises (or a material portion thereof) as the result of Landlord’s breach for a period in excess of four (4) consecutive Business Days after written notice to Landlord, Tenant (as Tenant’s sole and exclusive remedy for such temporary periods interference) shall be entitled to an equitable abatement of Rent (as Landlord deems legally sufficient to evidence Landlord’s ownership the Premises or to such material portion thereof). The abatement described herein shall begin on the fourth (4th) consecutive Business Day of such interference and control thereof and continue until the earlier of (a) the date the condition giving rise to prevent any claim the abatement is alleviated or remedied; or (b) the date Tenant actually resumes use of adverse possession by, the Premises (or any implied or actual dedication to, the public or any party other than Landlordmaterial portion thereof).

Appears in 1 contract

Samples: Lease Agreement (Deerfield Capital Corp.)

Changes to Project by Landlord. Landlord shall have the unrestricted right to make changes to all portions of the Project in Landlord’s reasonable discretion for the purpose of improving access or security to the Project or the flow of pedestrian and vehicular traffic thereintherein provided that, except for changes required by law, such changes shall not materially and adversely affect Tenant’s use of or access to the Premises or the Parking Facility. Landlord shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, bathrooms, or any other Common Areas so long as reasonable access to the Premises and the Parking Facility remains available, so long as it does not materially and adversely affect Tenant’s use and occupancy of the Premises and so long as the changes do not materially diminish the quality of the Project. Landlord shall also have the right to (a) rearrange, change, expand or contract portions of the Project constituting Common Areas Areas, (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project, or any portion thereof, and (c) to do and perform such other acts and make such other changes in to or with respect to the Project, or any portion thereof, as Landlord may, in the exercise of sound business judgment, deem to be appropriate, provided that (i) in the case of (a) and (c) above, except as may be required by law, no such actions shall materially and adversely affect Tenant’s use of, or access to, the Premises or the Parking Facility, and (ii) in the case of (b) above, Landlord shall use commercially reasonable efforts to minimize any interference to Tenant’s business operations or Tenant’s use of the Premises or Common Areas. Without liability to Tenant, Landlord shall be entitled to change the name or address of the Building or the Project. A name change shall not require any prior notice to Tenant; provided, however, if Landlord voluntarily changes the address of the Building (i) Landlord will use commercially reasonable efforts to provide Tenant with sixty (60) days advance notice and (ii) Landlord will reimburse Tenant’s actual, documented and reasonable costs of replacing Tenant’s then current stock of stationery and business cards, if any, Landlord shall have the right to close, from time to time, the Common Areas and other portions of the Project for such temporary periods as Landlord deems legally sufficient to evidence Landlord’s ownership and control thereof and to prevent any claim of adverse possession by, or any implied or actual dedication to, the public or any party other than Landlord. Nothing in this Lease shall provide Landlord with the right to relocate Tenant from the Premises or any portion thereof during any portion of the Term of this Lease, as the same may be extended.

Appears in 1 contract

Samples: Lease (Celladon Corp)

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