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, obstruction of access, etc. which are in excess of that present in a fully constructed project. Landlord agrees to use its commercially reasonable efforts in connection with such construction so as not to unreasonably interfere with Tenant’s use of the Premises. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Lease (Buy Com 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 's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. Provided that Landlord agrees shall not materially obstruct Tenant's access to use its commercially reasonable efforts in connection with such construction so as not to unreasonably interfere with Tenant’s use of the Premises. , and except as otherwise expressly provided herein, Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Orcad 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, obstruction of access, etc. which are in excess of that present in a fully constructed project. , provided, Landlord agrees shall use good faith efforts to use its commercially reasonable efforts in connection with minimize any such construction so as not noise, dust, obstruction of access, etc., to unreasonably interfere with Tenant’s use of the Premisesextent reasonably practicable. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Kofax Image Products 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 occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. which are in excess of that present in a fully constructed project. , provided that Landlord hereby agrees to that it will use its commercially reasonable efforts in connection with such construction so as not to unreasonably interfere with minimize any disruption to Tenant’s use of the PremisesPremises for the Permitted Use that may be caused by the foregoing. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction.

Appears in 1 contract

Samples: Office Lease (Obagi Medical Products, 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, obstruction of access, etc. which are in excess of that present in a fully constructed project. Landlord agrees to use its commercially reasonable efforts in connection with such construction so as not to unreasonably interfere with Tenant’s use of the Premises. 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, in connection with such construction, take commercially reasonable actions to minimize the levels of such noise, dust, obstruction or access, etc.

Appears in 1 contract

Samples: Office Lease (Memec Inc)

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