Common use of Construction on Adjacent Premises Clause in Contracts

Construction on Adjacent Premises. Landlord shall have the right, in connection with any development within or adjacent to the Building, to grant easements through the Building for access and egress to and from such development and for the installation, maintenance, repair, replacement or relocation of utilities serving such development and/or the Premises and for the installation, removal, maintenance, repair and replacement of windows and walkways related to such development, provided that such action does not unreasonably interfere with Tenant’s use of the Premises. Such right shall include the right to grant such easements through the Premises, provided that installations, replacements or relocations of utilities in the Premises shall, as far as practicable, be placed above ceiling surfaces, below floor surfaces or within perimeter walls. This Lease shall be subject and subordinate to any easements so granted. Landlord and its agents, employees, licensees and contractors shall also have the right during any construction period for any such development to enter the Premises to undertake work pursuant to any easement granted pursuant to the above paragraph; to shore up the foundations and/or walls of the Premises and Building; to erect scaffolding and protective barricades around the Premises or in other locations within or adjacent to the Building; and to do any other act necessary for the safety of the Premises or Building or the expeditious completion of such construction. Except as provided in Section 5.22, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business resulting from any act by Landlord pursuant to this Section. Landlord shall use reasonable efforts so as not to unreasonably interfere with the conduct of Tenant’s business and to minimize the extent and duration of any inconvenience, annoyance or disturbance to Tenant resulting from any work pursuant to this Section in or about the Premises or Building, consistent with accepted construction practice. It is not intended that the exercise of such rights will result in any substantial permanent reduction in the floor area of the Premises, but if any act by Landlord pursuant to this Section results in a permanent reduction in the floor area of the Premises (more than five percent (5%) thereof) and such reduction adversely affects the ability of Tenant to operate in the Premises in accordance with this Lease, then Tenant shall have the option to terminate this Lease upon thirty (30) days’ advance written notice to Landlord, subject to any and all provisions that shall survive the termination of this Lease.

Construction on Adjacent Premises. Landlord shall have the right, in connection with any development within or adjacent to the Building, to grant easements through the Building for access and egress to and from such development and for the installation, maintenance, repair, replacement or relocation of utilities serving such development and/or the Premises and for the installation, removal, maintenance, repair and replacement of windows and walkways related to such development, provided that such action does not unreasonably interfere with Tenant’s use of the Premises. Such right shall include the right to grant such easements through the Premises, provided that installations, replacements or relocations of utilities in the Premises shall, as far as practicable, be placed above ceiling surfaces, below floor surfaces or within perimeter walls. This Lease shall be subject and subordinate to any easements so granted. (Such subordination shall be self-operative, but in confirmation thereof Tenant shall execute and deliver whatever instruments may be required to acknowledge such subordination in recordable form. Landlord and its agents, employees, licensees and contractors shall also have the right during any construction period for any such development to enter the Premises to undertake work pursuant to any easement granted pursuant to the above paragraph; to shore up the foundations and/or walls of the Premises and Building; to erect scaffolding and protective barricades around the Premises or in other locations within or adjacent to the Building; and to do any other act necessary for the safety of the Premises or Building or the expeditious completion of such construction. Except as expressly provided herein and subject to Landlord’s obligations in Section 5.222.1, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business resulting from any act by Landlord pursuant to this Section. Landlord shall use reasonable efforts so as not to unreasonably interfere with the conduct of Tenant’s business and to minimize the extent and duration of any inconvenience, annoyance or disturbance to Tenant resulting from any work pursuant to this Section in or about the Premises or Building, consistent with accepted construction practice. It is not intended that the exercise of such rights will result in any substantial permanent reduction in the floor area of the Premises, but if any act by Landlord pursuant to this Section results in a permanent reduction in the floor area of the Premises, Tenant shall be entitled to a proportional abatement of Annual Fixed Rent, Tenant’s Percentage Share and other rents due hereunder. In the exercise of its rights under this Section, Landlord shall use commercially reasonable efforts to (A) minimize the disruption of Tenant’s business in the Premises, (B) minimize material adverse impacts on (i) Tenant’s access to and from the Premises, (ii) Tenant’s views from the Premises, and (iii) Tenant’s ability to conduct its business without interruption. If, as a result of the performance of any of the foregoing actions, Tenant is deprived of the uninterrupted use of any material portion of the Premises (more due to circumstances within Landlord’s control such that Tenant is unable to conduct its business therein for a period longer than five percent (5%) thereof) consecutive business days, the Fixed Rent and such reduction adversely affects other charges payable by Tenant hereunder shall be equitably adjusted. The foregoing sentence shall be Tenant’s sole and exclusive remedy on account of Landlord’s performance of the ability of Tenant foregoing actions and shall not apply to operate casualty or condemnation, which shall be covered elsewhere in the Premises in accordance with this Lease, then Tenant shall have the option to terminate this Lease upon thirty (30) days’ advance written notice to Landlord, subject to any and all provisions that shall survive the termination of this Lease.

Construction on Adjacent Premises. Landlord shall have the right, in connection with any development within or adjacent to the BuildingBuilding or elsewhere within the Park, to grant easements through the Building and the appurtenant parking for access and egress to and from such development and for the installation, maintenance, repair, replacement or relocation of utilities serving such development and/or the Premises and for the installation, removal, maintenance, repair and replacement of windows and walkways related to such development, provided that such action does not unreasonably interfere with Tenant’s use of the Premises. Such right shall include the right to grant such easements through the Premises, provided that installations, replacements or relocations of utilities in the Premises shall, as far as practicable, be placed above ceiling surfaces, below floor surfaces or within perimeter walls. This Notwithstanding anything herein to the contrary, this Lease shall be subject and subordinate to any easements so granted. (Such subordination shall be self-operative, but in confirmation thereof Tenant shall execute and deliver whatever instruments may be required to acknowledge such subordination in recordable form, and if Tenant fails to do so within 10 days after demand, Tenant hereby irrevocably appoints Landlord as its attorney-in-fact to do so in Tenant's name.) Landlord and its agents, employees, licensees and contractors shall also have the right during any construction period for any such development to enter the Premises to undertake work pursuant to any easement granted pursuant to the above paragraph; to shore up the foundations and/or walls of the Premises and Building; to erect scaffolding and protective barricades around the Premises or in other locations within or adjacent to the Building; and to do any other act necessary for the safety of the Premises or Building or the expeditious completion of such construction. Except as provided in Section 5.22, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business resulting from any act by Landlord pursuant to this SectionSection unless resulting from a breach of the provisions of this Section 8.10. Landlord -91- shall give Tenant reasonable advance notice of any work pursuant to this Section in or about the Premises and Landlord shall use reasonable efforts so as not to interfere unreasonably interfere with the conduct of Tenant’s Xxxxxx's business and to minimize the extent and duration of any inconvenience, annoyance or disturbance to Tenant resulting from any work pursuant to this Section in or about the Premises or Buildingsuch work, consistent with accepted construction practice. It is not intended that the exercise of such rights will result in any substantial permanent reduction in the floor area of the Premises, but if any act by Landlord pursuant to this Section results in a permanent reduction in the floor area of the Premises (more than five percent (5%) thereof) Premises, Tenant shall be entitled to a proportional abatement of Annual Base Rent and such reduction adversely affects additional rent. Landlord shall give Tenant reasonable advance notice of the ability of Tenant to operate construction in the Premises Park of any new buildings or any addition to an existing building to be undertaken by Landlord or an affiliate of Landlord. Notwithstanding anything to the contrary in accordance with this Section 8.10 or elsewhere in this Lease, then Tenant neither Landlord nor any affiliate of Landlord nor any successor in title shall have construct any new building or any addition to an existing building in the option to terminate this Lease upon thirty (30) days’ advance written notice to Landlord, subject to any area between the Building and all provisions that shall survive the termination of this LeaseLake Quannapowitt.

Construction on Adjacent Premises. Landlord shall have the right, in connection with any development within or adjacent to the Building, to grant easements through the Building for access and egress to and from such development and for the installation, maintenance, repair, replacement or relocation of utilities serving such development and/or the Premises and for the installation, removal, maintenance, repair and replacement of windows and walkways related to such development, provided that such action does not unreasonably interfere with Tenant’s use of the Premises. Such right shall include the right to grant such easements through the Premises, provided that installations, replacements or relocations of utilities in the Premises shall, as far as practicable, shall be placed above ceiling surfaces, below floor surfaces or within perimeter walls. This Lease shall be subject and subordinate to any easements so granted. Landlord and its agents, employees, licensees and contractors shall also have the right during any construction period for any such development to enter the Premises to undertake work pursuant to any easement granted pursuant to the above paragraph; to shore up the foundations and/or walls of the Premises and Building; to erect scaffolding and protective barricades around the Premises or in other locations within or adjacent to the Building; and to do any other act necessary for the safety of the Premises or Building or the expeditious completion of such construction. Except as provided in Section 5.22, Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business resulting from any act by Landlord pursuant to this Section. Landlord shall use reasonable efforts so as not to unreasonably interfere with the conduct of Tenant’s business and to shall minimize the extent and duration of any inconvenience, annoyance or disturbance to Tenant resulting from any work pursuant to this Section in or about the Premises or Building, consistent with accepted construction practice. It is not intended that the exercise of such rights will result in any substantial permanent reduction in the floor area of the Premises, but if any act by Landlord pursuant to this Section results in a permanent reduction in the floor area of the Premises (more than five percent (5%) thereof) and such reduction adversely affects the ability of Tenant to operate in the Premises in accordance with this LeasePremises, then Tenant shall have the option be entitled to terminate this Lease upon thirty (30) days’ advance written notice to Landlord, subject to a proportional abatement of Annual Fixed Rent and additional rent. In no event shall any and all provisions that shall survive the termination of this Leasework performed by Landlord diminish or make less convenient Tenant’s parking rights hereunder.