Common use of Construction of Project and Other Improvements Clause in Contracts

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference to Tenant’s use and occupancy of the Premises.

Appears in 1 contract

Samples: Lease (PROCEPT BioRobotics Corp)

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Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's ’s occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference to with Tenant’s use and occupancy of or access to the PremisesPremises in connection with any such work or any Renovations.

Appears in 1 contract

Samples: Office Lease (Akero Therapeutics, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements improvements may be under construction following Tenant's ’s occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, provided such construction by Landlord shall use commercially reasonable efforts to minimize interference to does not interfere with Tenant’s use and or occupancy of the Premises, the Project or the Common Areas for the Permitted Use.

Appears in 1 contract

Samples: Office Lease (3com Corp)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Except as expressly set forth in Section 19.5.2, above, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of and access to Tenant’s use and occupancy of the PremisesPremises in connection with any such construction activities.

Appears in 1 contract

Samples: Office Lease (Kite Pharma, Inc.)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's ’s occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing; provided, however, Landlord shall use commercially reasonable efforts to minimize interference to not unreasonably adversely interfere with Tenant’s use and occupancy of the PremisesPremises for the Permitted Use or Tenant’s access to the Premises in connection therewith.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

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Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Subject to SECTION 6.4, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, provided such construction by Landlord shall does not interfere with Tenant's use commercially reasonable efforts to minimize interference to Tenant’s use and or occupancy of the Premises, the Project or the Common Areas for the Permitted Use.

Appears in 1 contract

Samples: Office Lease (Cytyc Corp)

Construction of Project and Other Improvements. Tenant acknowledges that portions of the Project and/or the Other Improvements improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, odor, obstruction of access, etc. which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. Notwithstanding the foregoing, provided such construction by Landlord shall does not interfere with Tenant's use commercially reasonable efforts to minimize interference to Tenant’s use and or occupancy of the Premises, the Project or the Common Areas for the Permitted Use.

Appears in 1 contract

Samples: Office Lease (3com Corp)

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