We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Changes to Project Clause in Contracts

Changes to Project. Landlord shall have the following rights (a) to rearrange, change, expand or contract the Common Areas; (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project; and (c) to do and perform such other acts and make such other changes to the interior of the Building (including, without limitation, the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the façade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to time in its sole judgment deem to be appropriate. 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 of Tenant’s business or use or occupancy of the Premises. Subject to the provisions of this Section 26.20, Tenant shall have no claim for damages, indemnification or eviction (whether actual or constructive) against Landlord nor shall Tenant be entitled to any diminution or abatement of Rent arising from Landlord’s exercise of any or all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In connection with the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise commercially reasonable efforts to minimize interference with Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be required in order to complete such work at the Parking Facility.

Appears in 1 contract

Samples: Deed of Lease (FBR & Co.)

Changes to Project. Landlord shall have the following rights right, in Landlord’s sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (ahereinafter referred to as “Changes”) to rearrangeincluding, changebut not limited to, expand or contract the Project interior and exterior, the Common Areas, elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and detection systems, plumbing systems, security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas; (b) to use Common Areas while engaged in making improvementsprovided, repairs or alterations to however, that Landlord shall not materially change the Project; and (c) to do and perform such other acts and make such other changes to location of the interior exterior walls of the Building (including, without limitation, or materially change the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior location of the Common Areas within the Building (includingin a way that would materially and adversely effect Tenant’s use of the Premises without the prior written consent of Tenant, without limitationwhich consent shall not be unreasonably withheld, conditioned or delayed. In connection with the façadeChanges, roofLandlord may, sidewalksamong other things, exterior windows erect scaffolding or other necessary structures at the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Changes and arcade), all as Landlord may from time Landlord’s actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to time in its sole judgment deem to be appropriateany abatement of rent. Landlord may exercise shall have no responsibility or for any reason be liable to Tenant for any direct or all of the foregoing rights without being deemed indirect injury to be guilty of an eviction, actual or constructive, or a disturbance of interference with Tenant’s business or use or occupancy of arising from the Premises. Subject to the provisions of this Section 26.20Changes, Tenant shall have no claim for damages, indemnification or eviction (whether actual or constructive) against Landlord nor shall Tenant be entitled to any diminution compensation or abatement of Rent arising damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s exercise of any or all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In actions in connection with the exercise of Landlord’s rights set forth in this Section 26.20, such Changes. Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise shall use commercially reasonable efforts to minimize interference with disruption to Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be required in order to complete such work at the Parking Facilityoperations caused by Changes.

Appears in 1 contract

Samples: Office Lease (Ign Entertainment Inc)

Changes to Project. PROVIDED THAT TENANT'S USE OF AND ACCESS TO THE PREMISES ARE NOT PERMANENTLY MATERIALLY ADVERSELY AFFECTED THEREBY, Landlord shall have the following rights right, in Landlord's sole discretion, from time to time, to make changes to the size, shape, location, number and extent of the improvements comprising the Project (ahereinafter referred to as "Changes") to rearrangeincluding, changebut not limited to, expand or contract the Project interior and exterior, the Common Areas; (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project; elevators, escalators, restrooms, HVAC, electrical systems, communication systems, fire protection and (c) to do and perform such other acts and make such other changes to the interior of the Building (includingdetection systems, without limitationplumbing systems, the lobbiessecurity systems, parking control systems, driveways, entrances, passagewaysparking spaces, doorsparking areas and landscaped areas PROVIDED HOWEVER THAT THE SIZE OF THE COMMON AREAS AND THE SCOPE OF SERVICES OFFERED TO TENANT AS OF THE DATE THIS LEASE IS FULLY EXECUTED BY LANDLORD AND TENANT SHALL NOT BE PERMANENTLY MATERIALLY ADVERSELY DIMINISHED AS A RESULT OF SUCH CHANGES. In connection with the Changes, doorwaysLandlord may, atriumsamong other things, corridorserect scaffolding or other necessary structures at the Project, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior limit or eliminate access to portions of the Building (includingProject, without limitationincluding portions of the Common Areas, or perform work in the façadeBuilding, roofwhich work may create noise, sidewalks, exterior windows dust or leave debris in the Building. Tenant hereby agrees that such Changes and arcade), all as Landlord may from time Landlord's actions in connection with such Changes shall in no way constitute a constructive eviction of Tenant or entitle Tenant to time in its sole judgment deem to be appropriateany abatement of rent. 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 of Tenant’s business or use or occupancy of the Premises. Subject to the provisions of this Section 26.20, Tenant shall have no claim responsibility or for damagesany reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Changes, indemnification or eviction (whether actual or constructive) against Landlord nor shall Tenant be entitled to any diminution compensation or abatement of Rent arising damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s exercise of any or all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In 's actions in connection with the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise commercially reasonable efforts to minimize interference with Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be required in order to complete such work at the Parking FacilityChanges.

Appears in 1 contract

Samples: Lease Agreement (Amisys Managed Care Systems Inc)

Changes to Project. Landlord shall have the following rights (a) to rearrange, change, expand or contract the Common Areas; (b) to use Common Areas while engaged in making improvements, repairs or alterations to the Project; and (c) to do and perform such other acts and make such other changes to the interior of the Building (including, without limitation, the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the façadefacade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to time in its sole judgment deem to be appropriate, provided in each instance that: (i) except to the extent required by applicable Requirements, the level of any Building service shall not decrease in any material respect from the level required of Landlord in this Lease as a result thereof (other than temporary changes in the level of such services during the performance of any such work or improvement); (ii) Tenant is not deprived of reasonable access to the Premises or to the Parking Facility in the Building; (iii) Tenant’s use of the Premises for the operation of its business is not materially adversely affected; and (iv) except to the extent required by applicable Requirements the size of the main lobby and atrium, if any, is not materially reduced. Landlord shall use reasonable efforts to minimize interference with Xxxxxx’s use and occupancy of the Premises and Xxxxxx’s use of the Parking Facility during the performance of such work or improvement. Provided that Landlord complies with the terms of this Section 26.20: (y) 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 of Tenant’s business or use or occupancy of the Premises. Subject to the provisions of this Section 26.20, ; and (z) Tenant shall have no claim for damages, indemnification or eviction (whether actual or constructive) against Landlord nor shall Tenant be entitled to any diminution or abatement of Rent arising from Landlord’s exercise of any or all of the foregoing rightsrights except as provided, in Sections 10.13 and 15.6(b) and Article 11 of this Lease. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In connection with the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise commercially reasonable efforts to minimize interference with Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be required in order to complete such work at the Parking Facility.

Appears in 1 contract

Samples: Deed of Lease (Carlyle Group L.P.)

Changes to Project. Landlord shall have the following rights right, in Landlord’s sole discretion, from time to time, to make changes to the size, shape, location, legal description, number and extent of the improvements comprising the Project, to sell portions of the Project or to expand the Project by adding additional real property or buildings to the Project (a) hereinafter collectively referred to rearrangeas “Changes”). Such Changes may include, changebut are not limited to, expand or contract the Common Areas; (b) to use Common Areas while engaged in making improvements, repairs or alterations to security systems, parking control systems, driveways, entrances, parking spaces, parking areas and landscaped areas. In the Project; and (c) to do and perform event Landlord makes any such other acts and make such other changes to the interior of the Building (includingChanges, including without limitation, adding to the lobbiesProject any additional building containing rentable area, entrancesLandlord may elect to include certain expenses and/or real property taxes with respect to any such additional building as Operating Expenses and/or Real Property Taxes (as the case may be), passagewaysin which case Tenant’s Pro Rata Share of Operating Expenses with respect to such expenses and/or real property taxes shall be modified to reflect the rentable area of such additional building. In connection with the Changes, doorsLandlord may, doorwaysamong other things, atriumserect scaffolding or other necessary structures at the Project, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior limit or eliminate access to portions of the Building (includingProject, without limitation, the façade, roof, sidewalks, exterior windows and arcade), all as Landlord may from time to time in its sole judgment deem to be appropriate. Landlord may exercise any or all including portions of the foregoing rights without being deemed to be guilty of an eviction, actual or constructiveCommon Areas, or perform work in the Building or within the Project which work may create noise, dust or leave debris within the Project. Tenant hereby agrees that such Changes and Landlord’s actions in connection with such Changes shall in no way constitute a disturbance constructive eviction of Tenant or entitle Tenant to any abatement of rent. Provided that the Changes do not prohibit access to or the Permitted Use of the Premises or reduce the amount of the Parking Spaces or relocate the Parking Area, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business or use or occupancy of arising from the Premises. Subject to the provisions of this Section 26.20Changes, Tenant shall have no claim for damages, indemnification or eviction (whether actual or constructive) against Landlord nor shall Tenant be entitled to any diminution compensation or abatement of Rent arising damages from Landlord for any inconvenience or annoyance occasioned by such Changes or Landlord’s exercise of any or all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In actions in connection with the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise commercially reasonable efforts to minimize interference with Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be required in order to complete such work at the Parking FacilityChanges.

Appears in 1 contract

Samples: Lease Agreement (HeartWare International, Inc.)

Changes to Project. Landlord shall have reserves the following rights right at any time and from time to time (a) to rearrangemake or permit changes or revisions in the site plan for or layout of the Project including, changewithout limitation, expand additions to, subtractions from, rearrangements of, alterations of, modifications of or contract supplements to the Common Areas; public areas or the building areas, walkways, parking areas, driveways or other areas within or without the Project and upon the property on which the Project is located, (b) to use Common Areas while engaged construct other buildings or improvements in making improvements, repairs or alterations as additions to the Project; Project and to make alterations thereof or additions thereto and to build additional stories on any such building or buildings and to construct other buildings or improvements adjoining the same (however no such modification may materially and adversely affect the conduct of operations of the Casino unless approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed), and (c) to make or permit changes or revisions in the Project, including additions thereto, and to convey portions of the Project and the property on which the Project is located to others for the purpose of constructing thereon other buildings or improvements, including additions thereto and alterations thereof. Landlord will have the right without abatement of Rent to (i) enter into, modify and terminate easements and other agreements pertaining to the use and maintenance of the parking area portions of the Project and the property on which the Project is located (however, in no event, shall parking for the Premises be less than the minimum number of parking spaces required by Applicable law), (ii) close such portions of the Project and the property on which the Project is located as may, in the reasonable opinion of Landlord, be necessary to prevent a dedication thereof or the accrual of any right therein to any person or to the public, (iii) close portions of the Project and the property on which the Project is located for any other reason reasonably determined by Landlord to be in the best interest of the Project, (iv) close temporarily any or all portions of the Project and the property on which the Project is located for repairs or refurbishing (provided, however, that in no event shall any portion of the Casino be closed unless approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed, in accordance with Section 2.7 hereinbelow) (v) discourage non-guest parking , (vi) move, remove, relocate and/or replace seats, trees, planters and other amenities commonly found in similar resorts, and (vii) do and perform such other acts in and make such other changes to said areas and improvements, as Landlord, in the interior exercise of its reasonable business judgment, deems advisable. Provided that nothing herein shall materially and adversely interfere with or cause the Building (including, without limitation, suspension or cessation of gaming activity within the lobbies, entrances, passageways, doors, doorways, atriums, corridors, elevators, stairs, Common Area restrooms, loading docks and parking garage) and the exterior of the Building (including, without limitation, the façade, roof, sidewalks, exterior windows and arcade), all Casino substantially as Landlord may from time to time in its sole judgment deem to be appropriate. Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction, actual or constructiveit is currently functioning, or a disturbance cause the loss of use of any of Tenant’s business security, surveillance, accounting, cash counting or use or occupancy other casino related back of house areas within the Premises. Subject to the provisions of this Section 26.20, Tenant shall have no claim for damages, indemnification or eviction (whether actual or constructive) against Landlord nor shall Tenant be entitled to any diminution or abatement of Rent arising from Landlord’s exercise of any or all of the foregoing rights. Tenant acknowledges that it has no rights to any development rights, air rights or comparable rights appurtenant to the Project and Tenant consents, without further consideration, to any utilization of such rights by Landlord. In connection with the exercise of Landlord’s rights set forth in this Section 26.20, Landlord agrees: (i) that Tenant will always have access to the Premises; (ii) to exercise commercially reasonable efforts to minimize interference with Tenant’s business operations; (iii) not to materially and adversely affect Tenant’s right to use and enjoy of the Premises; and (iv) during the period (if any) that Tenant does not have reasonable access to the Parking Facility due to the above-described Landlord’s work, Landlord shall provide Tenant with reasonable alternate parking in the vicinity of the Building at no additional cost to Tenant provided that Landlord shall only have the right to not provide access to the Parking Facility for such period as may reasonably be required in order to complete such work at the Parking Facility.

Appears in 1 contract

Samples: Casino Operations Lease (Full House Resorts Inc)