Common use of Common Areas/Security Clause in Contracts

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayed, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or services within the Premises; provided that, Tenant’s access control system or services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”).

Appears in 2 contracts

Samples: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)

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Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems in good xxxxx xxxxx necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to reasonably relocate parking areas and driveways (if any) taking into account the then circumstances and to build additional improvements in the Garage and other common areas areas. Except in the case of the Land so long an emergency or as required by Governmental Requirements, Landlord shall use commercially reasonable efforts to minimize Landlord’s interference with Tenant’s Parking Ratio is maintained and provided that: (A) business in connection with the relocated areas rights reserved in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways.this Paragraph 4.3.1 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedapproval, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”). 4.3.3 As long as (a) the Lease Term remains in full force and effect, (b) the Landlord continues to own all of the buildings presently comprising the Park, and (c) The Endurance International Group, Inc. or a Permitted Transferee is actually using and occupying at least seventy-five percent (75%) of the Premises, Landlord shall maintain, or cause to be maintained, a cafeteria or other food service operation and a fitness room in the Park, each of which shall be open during such days and hours as reasonably determined from time to time by Landlord. The fitness room shall not be required to be staffed, nor shall towel services be provided. During the hours such facilities are open during the Lease Term, Tenant and its employees shall have nonexclusive access to the cafeteria and the non-exclusive right to use the fitness room in common with Landlord and all others to whom Landlord has granted or may hereafter grant rights, provided that any person’s use of the fitness room shall be at such person’s own risk and may be conditioned on such person signing a waiver of liability in such form as the Landlord from time to time may require. Tenant’s use of such common areas shall be subject to such reasonable regulations as Landlord may from time to time impose and the rights of Landlord set forth herein. The provisions of this Paragraph 4.3.3 shall terminate and be of no further force or effect at such time as the Landlord ceases to own each and all of the buildings presently comprising the Park.

Appears in 2 contracts

Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) that there shall continue to be reasonable access to the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current drivewaysPremises. 4.3.2 Except as set forth herein, Landlord has shall provide a 24-hour manned security desk in the lobby of the Building provided that Landlord may cease providing manned security and implement technological advances to such security service consistent with comparable Class A office building in the Chicago central business district, and Landlord shall have no duty liability to Tenant for failure of such service to prevent personal injury or obligation to provide property damage or any security services inother loss suffered by Tenant or Tenant’s Agents. In addition, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the secure all exterior entry doors entryways to the Building, all exterior ingress and egress points (including Building using commercially reasonable methods used by comparable Class A buildings in the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating CostsChicago central business district. Tenant recognizes that access control services, if any, any security services provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property property, and provided that Landlord fulfills its obligations set forth in the two (2) immediately preceding sentences, under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out acknowledges that the operation of Tenant’s business in the provisionPremises requires compliance with certain confidentiality and security policies and procedures imposed by applicable state and federal laws (“Tenant’s Security Requirements”), or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedaccordingly, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services (“Tenant’s Security Services”) within the Premises; provided that, (i) Tenant’s access control system or services Security Services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services (ii) Tenant’s Security Services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise prevent Landlord from exercising its rights as provided in paragraph Section 4.8 of this Lease (captioned “Access”), (iii) Tenant’s Security Services are installed and maintained by a professional security contractor, and (iv) Tenant has informed Landlord in writing of Tenant’s Security Requirements. Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph Section 4.4 of this Lease (captioned “Tenant Alterations”) and paragraph Section 4.5 of this Lease (captioned “Tenant’s Work Performance”). 4.3.3 Subject to force majeure and the terms of Section 3.5.3 above, Landlord shall furnish the following services to Tenant, the cost of which shall be included in Operating Costs to the extent permitted herein (except to the extent to be paid entirely by Tenant as hereinafter provided): (a) HVAC service shall be provided to the Premises Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m., except Holidays, to provide a temperature, in Landlord’s reasonable judgment, for comfortable occupancy of the Premises under normal business operations and in the absence of the use of equipment which affects the temperature or humidity which would otherwise be maintained in the Premises. Nothing contained herein shall restrict the operation of Tenant’s supplemental HVAC system at all necessary times. (b) Hot and cold water in common with other tenants for lavatory purposes from the regular Building supply. (c) Cleaning and janitorial services for the Building and the Premises exclusively by contractors approved by Landlord in accordance with the Janitorial Specifications attached to this Lease as Exhibit F. Except with the written consent of Landlord, no person or persons other than those approved by Landlord shall be employed by Tenant or permitted to enter the Building for the purpose of cleaning the same. Cleaning and janitorial services shall be provided Monday through Friday except Holidays. Tenant shall not cause any unnecessary labor by carelessness or indifference to the good order and cleanliness of the Premises. Landlord shall not in any way be responsible to any Tenant for any loss of property on the Premises, however occurring, or for any damage to any Tenant’s property by the janitor, any of Landlord’s Agents or any other person. Notwithstanding anything to the contrary contained herein, Landlord shall direct the janitorial service for the Building to take appropriate actions to comply with Tenant’s Security Requirements of which Tenant has provided written notice to Landlord. (d) Access to condenser water for Tenant’s use in connection with the operation of Tenant’s supplemental HVAC equipment. Tenant shall pay Landlord’s standard charge for condenser water within thirty (30) days after receipt of Landlord’s bxxx therefor. As of the date hereof, Landlord’s charge for condenser water is $12.31 per ton per month, subject to adjustment from time to time during the Lease Term.

Appears in 1 contract

Samples: Lease (Mattersight Corp)

Common Areas/Security. 4.3.1 The common areas of the Building and Project shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to that, except in the Premisesevent of emergency, Landlord shall provide alternative access to does not unreasonably interfere with Tenant's use of the Premises for Tenant that is reasonable in location and distance from the current accessconnection therewith; grant easements to which the Land will be subject; , replat, subdivide, or make other changes to the Land; place or place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof roofs of the Building; provided, howeverprovided that, except in no the event shall Landlord’s exercise of the foregoing rights (i) emergency, Landlord does not unreasonably interfere for a period longer than two (2) Business Days with Tenant’s 's use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the PremisesPremises in connection therewith. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedapproval, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided thatPROVIDED THAT such security services, Tenant’s access control system or services (including including, without limitation, any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) , comply with the Governmental Requirements and shall not cause the Building or the Project to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building Building, Land or the Land Project other than the Premises and shall not in any way limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned “Access”)"ACCESS". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”).this

Appears in 1 contract

Samples: Industrial Lease (Oakley Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; , replat, subdivide, or make other changes to the Land; place or place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof roofs of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord reserves the right to reallocate parking and driveway locations and to build additional improvements in the common areas so long as Tenant's Parking Ratio is maintained. In exercising its rights and performing its obligations under this Section, Landlord shall not be liable for any injury or death to persons arising out of (a) interfere with Tenant's available parking. In the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayed, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or services within the Premises; provided that, Tenant’s access control system or services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, event any such security services installed, established interference or maintained by reduction occurs then Tenant must not affect shall be entitled to a rent abatement based on the degree of interference or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”)reduction.

Appears in 1 contract

Samples: Office Lease (Rosetta Inpharmatics Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways (if any) and to build additional improvements in the Garage and other common areas areas. Notwithstanding anything to the contrary herein, except in the case of an emergency, Landlord shall not undertake any action which would materially adversely affect Tenant's access to the Land so long as Premises or materially interfere with or reduce Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways's parking. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications therefor, (which approval shall not be unreasonably withheld, conditioned or delayed), Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned "Access”)". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned "Tenant Alterations”) " and paragraph 4.5 of this Lease (captioned “"Tenant’s 's Work Performance”)".

Appears in 1 contract

Samples: Gross Lease (Lightbridge Inc)

Common Areas/Security. 4.3.1 The common areas of the Building Project shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areas; increase, reduce or change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or BuildingProject; make alterations or additions to the Building Project or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replateasements, subdivide, or replat or subdivide or make other changes to the Land, as Landlord shall deem necessary; place or place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land and BuildingProject; and use or permit the use of all or any portion of the roof roofs of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the PremisesProject. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land Premises or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the BuildingProject, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises or Project. Landlord reserves the right to reallocate parking and driveway locations and to build additional improvements in the common areas so long as Tenant's Parking Ratio is maintained. If Landlord closes the Common Areas to make repairs not covered by the section entitled Damage or Destruction, and such closure prevents Tenant from obtaining any access to the Premises, Land then the Base Rent shall be abated for the duration of such total lack of access. It Tenant is unable to access the Premises due to such repairs to the Common Areas for a period of thirty (30) consecutive days, then Tenant may terminate this Lease upon thirty (30) days prior written notice to Landlord. Tenant shall have the right to use the conduit which runs from the Building to the building commonly referred to as 000 Xxxxxxx without any payment of Base Rent or BuildingAdditional Rent to Landlord. Landlord makes no representation or warranty as to the suitability of such conduit for Tenant's intended use. Landlord shall not be liable to Tenant for any injury or death to persons arising out Claims which Tenant may have against Landlord associated with Tenant's use of the provisionconduit, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayed, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or services within the Premises; provided that, Tenant’s access control system or services (including any apparatus, facilities, equipment or people utilized in connection with the provision all of such access control services) comply Claims. whether now existing or created in the future. being waived by Tenant. Tenant shall use the conduit in compliance with the all Governmental Requirements and shall not cause pay any and all costs of compliance resulting from Tenant's use of the Building to be conduit. Tenant shall indemnify, defend and hold harmless Landlord and Landlord's Agents from and against any and all Claims, arising in whole or in part out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion Tenant's use of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”)conduit.

Appears in 1 contract

Samples: Sublease Agreement (MLC Holdings Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways (if any) and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedapproval, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned "Access”)". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned "Tenant Alterations”) " and paragraph 4.5 of this Lease (captioned “"Tenant’s 's Work Performance”)".

Appears in 1 contract

Samples: Lease (United Bancshares Inc /Pa)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems in its reasonable discretion necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common areaarea using reasonable efforts to avoid disruption of Tenant’s business operations in the Premises; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; , replat, subdivide, or make other changes to the Land; place or place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof roofs of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with provided that such changes do not impair Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the PremisesPremises in a materially adverse manner. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 . Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Tenant shall have the right to provide its own security service, security equipment and implement its own security procedures provided that such service, equipment and procedures are entirely within the Premises and do not increase Operating Costs, and provided further that Tenant shall ensure that Landlord and Landlord’s Manager continue to have access to the Premises as set forth herein. In addition, Tenant shall not be liable for any injury or death have the right, upon at least sixty (60) days prior notice to persons arising out Landlord, to have the automatic Kastle Security System locking system on the front and back entrance doors servicing the east wing of the provisionBuilding deactivated and to install, or failure to providefollowing Landlord’s approval of such system and plans for its installation, access control services or its own security services system at the entrance of the east wing of the Building, unless provided that such injury or death was caused solely by system does not increase Operating Costs, and provided further that Tenant shall ensure that Landlord and Landlord’s gross negligence. Subject Manager continue to Landlord’s prior written approval of have access to the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayed, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or services within the Premises; provided that, Tenant’s access control system or services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion east wing of the Building or the Land other than and the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 herein. If Tenant’s security system includes monitoring services acceptable to Landlord, and Tenant ensures that Landlord or Landlord’s agents have notice under any such monitoring services agreement, Tenant shall have the right, upon at least sixty (60) days prior notice to Landlord, to have the Kastle Security System monitoring service discontinued on the east wing of the Building. If Tenant exercises this right to deactivate the Kastle Security System at the east wing entrance doors, upon the expiration or sooner termination of this Lease (captioned “Lease, Tenant Alterations”) shall at its expense remove the security system installed by it and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”)repair any damage caused thereby and, if necessary, reinstall the Kastle Security System locking system on such doors.

Appears in 1 contract

Samples: Consent to Sublease (Cephalon Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord also reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of areas. Landlord’s rights under this Section 4.3 shall be subject to the Land so long as Requirement that Tenant’s Parking Ratio is maintained as set forth in Section 4.11 and provided that: (A) that access to the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current drivewaysPremises shall not be materially adversely affected. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedapproval, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in paragraph Section 4.8 of this Lease (captioned “Access”). Landlord hereby acknowledges and consents to Tenant’s existing card reader system in the Premises and the expansion thereof, if necessary, into the Verizon Premises after possession of such premises are delivered to Tenant. Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph Section 4.4 of this Lease (captioned “Tenant Alterations”) and paragraph Section 4.5 of this Lease (captioned “Tenant’s Work Performance”).

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s 's Parking Ratio is maintained maintained. Landlord will not exercise a right under this subsection 4.3.1 if such exercise would unreasonably interfere with Tenant's access to or use or enjoyment of the Premises and provided that: (A) the relocated areas Project in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current drivewaysaccordance with this Lease. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications thereforapproval, which shall not unreasonably be unreasonably withheld, conditioned or delayed, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not unreasonably affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned "Access”)". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned "Tenant Alterations”) " and paragraph 4.5 of this Lease (captioned “"Tenant’s 's Work Performance”)".

Appears in 1 contract

Samples: Office Lease (Gp Strategies Corp)

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Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways (if any) and to build additional improvements in the Garage and other common areas areas. Notwithstanding anything to the contrary herein, except in the case of an emergency, Landlord shall not undertake any action which would materially adversely affect Tenant's access to the Land so long as Premises or materially interfere with or reduce Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways's parking. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedapproval, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned "Access”)". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned "Tenant Alterations”) " and paragraph 4.5 of this Lease (captioned “"Tenant’s 's Work Performance”)".

Appears in 1 contract

Samples: Gross Lease (Clicksoftware Technologies LTD)

Common Areas/Security. 4.3.1 The exterior common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable right, upon reasonable prior written notice to Tenant, to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or the Building; make alterations or additions to the Building or common areaarea using reasonable efforts to avoid disruption of Tenant’s business operations in the Premises; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, subdivide or make other changes to the Land; place or place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land and BuildingProperty; and use or permit the use of all or any portion of the roof roofs of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with provided that such changes do not impair Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the PremisesPremises in a materially adverse manner. Landlord reserves the right right, upon reasonable written notice to Tenant, to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 . Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Tenant shall have the right to provide its own security service, security equipment and implement its own security procedures provided that such service, equipment and procedures are entirely within the Premises and do not increase Operating Costs, and provided further that Tenant shall ensure that Landlord and Landlord’s Manager continue to have access to the Premises as set forth herein. In addition, Tenant shall not be liable for any injury or death have the right, upon at least sixty (60) days prior notice to persons arising out Landlord, to have the automatic security system locking system on the front and back entrance doors servicing the west wing of the provisionBuilding deactivated and to install, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by following Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, (which approval shall not be unreasonably withheld, conditioned or delayed, Tenant may, at ) of such system and plans for its sole cost and expense, install, establish and maintain an access control system or services within the Premises; provided thatinstallation, Tenant’s own security system at the entrance of the west wing of the Building, provided that such system does not increase Operating Costs, and provided further that Tenant shall ensure that Landlord and Landlord’s Manager continue to have access control system or services (including any apparatus, facilities, equipment or people utilized in connection with to the provision of such access control services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion west wing of the Building or the Land other than and the Premises and shall not in any way limit or interfere with Landlord’s ability to exercise its rights as provided in paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 herein. If Tenant’s security system includes monitoring services acceptable to Landlord, and Tenant ensures that Landlord or Landlord’s Agents have notice under any such monitoring services agreement, Tenant shall have the right, upon at least sixty (60) days prior notice to Landlord, to have the security system monitoring service currently employed by Landlord discontinued on the west wing of the Building. If Tenant exercises this right to deactivate the security system at the west wing entrance doors, upon the expiration or sooner termination of this Lease (captioned “Lease, Tenant Alterations”) shall at its expense remove the security system installed by it and paragraph 4.5 of this Lease (captioned “Tenantrepair any damage caused thereby and, if necessary, reinstall the Landlord’s Work Performance”)security system locking system on such doors.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Building; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to is given at least seven (7) days prior written notice, except in the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current accesscase of an emergency; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways (if any) and to build additional improvements in the Garage common areas. In exercising its rights under this paragraph 4.3.1, Landlord shall not materially, adversely affect Tenant’s access to and other common areas use and of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current drivewaysPremises. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall not be unreasonably withheld, conditioned or delayedapproval, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way materially limit or interfere with Landlord’s ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”).

Appears in 1 contract

Samples: Gross Lease (TNS Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control, subject to the rights of Tenant as set forth in this Lease; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting Notwithstanding the generality of foregoing, Tenant shall have at all times reasonably direct access to the immediately preceding sentence, Premises from the nearest public street and across the common areas owned by Landlord. Landlord reserves the exclusive right as it deems necessary or desirable desirable, without violating this Lease or unreasonably interfering with Tenant’s use and enjoyment of the Premises, to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or (but not the Building); make alterations or additions to the Building or common areaareas; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; replat, subdivide, or make other changes to the Land; place or relocate or cause to be placed or located utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof of (but not the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises). Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; rights and (B) the relocated driveways privileges under this Lease are a reasonable distance from the then-current drivewaysnot impaired. 4.3.2 Tenant shall be allowed to install a card key security system to restrict access to any or all portions of the Building. Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that , and Tenant recognizes that, unless Landlord agrees to maintain (includes the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable security services in Operating Costs. Tenant recognizes that access control , security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s prior written approval of the plans and specifications therefor, which shall (not to be unreasonably withheld, conditioned or delayed), Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided that, Tenant’s access control system or such security services (including any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way unreasonably limit or interfere with Landlord’s ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned “Access”). Tenant’s rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned “Tenant Alterations”) and paragraph 4.5 of this Lease (captioned “Tenant’s Work Performance”).

Appears in 1 contract

Samples: Triple Net Lease (HouseValues, Inc.)

Common Areas/Security. 4.3.1 The common areas of the Building Project shall be subject to Landlord’s 's sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areas; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or BuildingProject; make alterations or additions to the Building or common area; close temporarily all or any portion of the common areas to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; , replat, subdivide, or make other changes to the Land; place or place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land and Building; and use or permit the use of all or any portion of the roof roofs of the Building; provided, however, in no event shall Landlord’s exercise of the foregoing rights (i) unreasonably interfere for a period longer than two (2) Business Days with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to the Premises. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land so long as Tenant’s Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications therefor, (which approval shall not be unreasonably withheld, conditioned or delayed), Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided thatthat such security services, Tenant’s access control system or services (including including, without limitation, any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) , comply with the Governmental Requirements and shall not cause the Building or the Project to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building Building, Land or the Land Project other than the Premises and shall not in any way limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned “Access”)"ACCESS". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned "Tenant Alterations”) " and paragraph 4.5 of this Lease (captioned “"Tenant’s 's Work Performance”)". Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the common areas so long as Tenant's Parking Rights are maintained and Tenant's access to the Premises is not materially adversely affected.

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

Common Areas/Security. 4.3.1 The common areas of the Building shall be subject to Landlord’s sole management and control; provided that, Landlord shall not unreasonably interfere with Tenant’s access to the Premises (except to the extent necessary in an emergency situation). Without limiting the generality of the immediately preceding sentence, Landlord reserves the exclusive right as it deems --------------------- necessary or desirable to install, construct, remove, maintain and operate lighting systems, facilities, improvements, equipment, Telecommunication Facilities equipment and signs on, in or to all parts of the common areasareas of the Complex; change the number, size, height, layout, or locations of walks, driveways and truckways or parking areas now or later forming a part of the Land or Buildingthe Complex; make alterations or additions to the Building (as required to address safety issues or to comply with Governmental Requirements), the Complex, or common areaareas of the Complex; close temporarily all or any portion of the common areas of the Complex to make repairs, changes or to avoid public dedication, provided that if such closure prevents Tenant from gaining access to the Premises, Landlord shall provide alternative access to the Premises for Tenant that is reasonable in location and distance from the current access; grant easements to which the Land will be subject; , replat, subdivide, or make other changes to the Land; place or and place, relocate or cause to be placed or located and operate utility lines and Telecommunication Facilities through, over or under the Land Land, the Complex, and Building; and use or permit the use of all or any portion of the roof roofs of the Building; providedprovided that, howeverany work done by Landlord in the Building, in no event shall Landlord’s exercise ------------- the Complex, or the common areas of the foregoing rights (i) unreasonably interfere for Complex shall be performed in a period longer than two (2) Business Days way that will minimize interference, to the extent reasonably possible, with Tenant’s use of the Premises, or (ii) preclude Tenant from gaining reasonable access to 's operations in the Premises. Landlord reserves the right to relocate parking areas and driveways and to build additional improvements in the Garage and other common areas of the Land Complex so long as Tenant’s 's Parking Ratio is maintained and provided that: (A) the relocated areas in which Tenant is permitted to park are a reasonable distance from Tenant’s then-current parking areas; and (B) the relocated driveways are a reasonable distance from the then-current driveways. 4.3.2 maintained. Landlord has no duty or obligation to provide any security services in, on or around the Premises, Land or Building; provided however that Landlord agrees to maintain (the cost of which maintenance shall constitute an Operating Cost of the Building), the existing “Datawatch” perimeter vendor card access system at the exterior entry doors to the Building, all exterior ingress and egress points (including the loading dock and Garage) to the Building, and in all Building elevators, for access during non-Building Standard Hours. Landlord shall provide to Tenant at no charge up to 25 key cards or other system access fobs. Any replacement cards shall be at Tenant’s sole cost and expense based on Landlord’s actual cost. Landlord reserves the right, in its sole discretion, to reasonably modify or supplement the access control system, or to substitute another vendor’s access control system (which vendor is selected by Landlord in its sole discretion) for use at the Building. The costs of any such additional, substitute or modified access control system shall be includable in Operating Costs. Tenant recognizes that access control security services, if any, provided by Landlord (or to be installed and maintained by Landlord pursuant to this paragraph 4.3.2) will be for the sole benefit of Landlord and the protection of Landlord’s 's property and under no circumstances shall Landlord be responsible for the provision of for, and Tenant waives any rights with respect to, Landlord providing security or other protection for Tenant or Tenant’s 's Agents or property in, on or about the Premises, Land or Building. Landlord shall not be liable for any injury or death to persons arising out of the provision, or failure to provide, access control services or security services at the Building, unless such injury or death was caused solely by Landlord’s gross negligence. Subject to Landlord’s 's prior written approval of the plans and specifications thereforapproval, which shall not unreasonably be unreasonably withheld, conditioned withheld or delayed, Tenant may, at its sole cost and expense, install, establish and maintain an access control system or security services within the Premises; provided thatthat such security services, Tenant’s access control system or services (including including, without ------------- limitation, any apparatus, facilities, equipment or people utilized in connection with the provision of such access control security services) , comply with the Governmental Requirements and shall not cause the Building to be out of compliance with the Governmental Requirements. Notwithstanding the foregoing, any such security services installed, established or maintained by Tenant must not affect or impact any portion of the Building or the Land other than the Premises and shall not in any way materially limit or interfere with Landlord’s 's ability to exercise its rights as provided in the paragraph 4.8 of this Lease (captioned "Access”)". Tenant’s 's rights under this subparagraph 4.3.2 are subject to all the obligations, limitations and requirements as set forth in paragraph 4.4 of this Lease (the paragraphs captioned "Tenant Alterations”) " and paragraph 4.5 of this Lease (captioned “"Tenant’s 's Work ------------------ ------------- Performance”).". -----------

Appears in 1 contract

Samples: Lease (Sonosite Inc)

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