ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 4 contracts
Samples: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.), Office Lease (Docusign Inc)
ENTRY BY LANDLORD. Landlord reserves the right and shall at any and all reasonable times and upon reasonable notice to Tenant (except in have the case of an emergency) right to enter the Premises upon reasonable notice, except in the event of an emergency in which event no prior notice shall be required, (a) to supply janitorial services (ino notice required for such janitorial services) and any other service to be provided by Landlord to Tenant hereunder, (b) to inspect them; the same, (iic) to show the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers orinvestors and, during the last twelve twenty-four (1224) months of the Lease TermTerm or following a default by Tenant, to prospective tenants; , (iiid) to post notices of nonresponsibility; or non-responsibility, (ive) to alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to any other portion of the Building or and/or the Building’s systems and equipment. Notwithstanding anything Parking Facility, as provided in Section 2.4 above, (f) to the contrary contained in perform any obligations of Tenant under this Article 27Lease where Tenant has failed to do so after written notice from Landlord, Landlord may enter (g) placing upon the Premises at any time to ordinary “for lease” or “for sale” signs, (Ah) perform services required taking possession of Landlord, including janitorial service; (B) take possession the Premises due to any breach of this Lease Tenant Default in the manner provided herein; and , (Ci) perform responding to an emergency, or (j) for any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries other reasonable purpose, without the abatement of Rent. Landlord may, except as otherwise in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that Landlord shall use commercially reasonable efforts to minimize any interference with the business of Tenant in this Lease, and may take the performance of such reasonable steps as required to accomplish the stated purposeswork. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, for any loss of occupancy or quiet enjoyment of the Premises, Premises and for any other loss occasioned therebyin, upon and about the Premises, the Building or the Parking Facility on account of Landlord’s entry or work permitted by this Article 18 or by Section 2.4 above. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes vaults and special security areas designated in advance by Tenantsafes. In an emergency, Landlord shall have the right to use any and all means that Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premises. No provision of this Lease thereof, and any damages caused on account thereof shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed paid by Landlord hereinTenant.
Appears in 3 contracts
Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice Notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orand, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinany lawful manner; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and reasonably sized and located special security areas designated in advance by TenantTenant and approved by Landlord. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
ENTRY BY LANDLORD. Landlord reserves reserves, and shall at any and all49 times have, the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises during business hours to (i) inspect them; (ii) the same, to show the Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Termlessees, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alternon-responsibility, improve or to repair the Premises or the Building, or for structural alterations, repairs or improvements to and any portion of the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, that Landlord may enter the Premises at any time to (A) perform services required of Landlorddeem necessary or desirable, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish be performed; provided, that the stated purposesentrance to the Premises shall not be blocked unreasonably thereby and, provided, further that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claims claim for damages or for any injuries damages, injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby Landlord’s exercise of its rights pursuant to this Section 15.01, except and to the extent any such damage, injury or interference results from the negligence of Landlord. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyfiles, and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the doors to or in and the Premises in an emergency, in order to obtain entry to the PremisesPremises without liability to Tenant. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of these means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof.50 48 a reasonable readjustment of such rental rate based on comparable rentals charged elsewhere in the PremisesBuilding at that time. No provision of this Lease shall be construed as obligating 49 reasonable 50 Landlord agrees to perform schedule any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.disruptive work with Tenant in advance
Appears in 3 contracts
Samples: Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and otherwise at reasonable hours with reasonable notice to Tenant (Awhich may be verbal or emailed) perform services to:
(a) Inspect the Premises;
(b) Exhibit the Premises to prospective purchasers and lenders; and exhibit the Premises during the last nine (9) months of the Term to prospective tenants;
(c) Determine whether Tenant is complying with all its obligations in this Lease;
(d) Supply cleaning service and any other service to be provided by Landlord to Tenant according to this Lease;
(e) Post written notices of non-responsibility or similar notices; or
(f) Make repairs required of Landlord, including janitorial service; (B) take possession due to any breach Landlord under the terms of this Lease in or make repairs to any adjoining space or utility services or make repairs, alterations, or improvements to any other portion of the manner provided hereinBuilding; however, all such work shall be done as promptly as reasonably possible and (C) perform any covenants of so as to cause as little interference to Tenant which Tenant fails as reasonably possible. Tenant, pursuant to perform. Landlord may make any such entries without the abatement of Rentthis Article 21, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby any entry in accordance with this Article 21. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant’s vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises, provided that Landlord will promptly repair any damages caused by any forced entry. Any entry into to the Premises by Landlord in the manner hereinbefore described shall accordance with this Article 21 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor shall any such entry entitle Tenant to damages or an abatement of Base Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 3 contracts
Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
ENTRY BY LANDLORD. (a) Landlord reserves the will have a right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Leased Premises at any reasonable time (including during Tenant's business hours) to inspect the condition thereof, to show the Leased Premises to (i) inspect them; (ii) show the Premises to lenders and prospective purchasersfuture lenders and tenants, or to current make necessary repairs and improvements allowed or prospective mortgageesrequired hereunder; provided, ground however, that Landlord shall give Tenant at least twenty-four (24) hours prior written notice of its intent to enter the Leased Premises, except in cases of an Emergency. Landlord shall be responsible for any and all damages, claims or underlying lessors costs incurred by Tenant or insurers or, during its employees or agents caused by negligent or wrongful acts relating to Landlord's entry onto the last twelve Leased Premises. If Landlord's entry into the Leased Premises (12to the extent due to completing repair obligations under Section 8.1(a) months of the Lease TermLease) renders the Leased Premises unusable for its intended purpose as set forth in Section 1.1(n) for five (5) or more business days, then Base Rent shall totally abate for each day or portion thereof that such unusability continuxx; xrovided, however, that Tenant shall not be permitted to prospective tenants; abate Base Rent pursuant to this paragraph if Landlord's entry onto xxx Leased Premises is required due to or in connection with Tenant's default under this Lease.
(iiib) post notices If Tenant shall be in default under any of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in provisions of this Article 27Lease, Landlord may enter after thirty (30) days written notice given to Tenant and failure of Tenant to cure during said period (provided, however, that if the Premises at any nature of Tenant's default is such that more than thirty (30) days are reasonably required to cure, then such thirty (30) day period shall be extended for a reasonable time if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes the required action within a reasonable time, but not to exceed a period of one hundred eighty (A180) perform services required of days after notice thereof from Landlord), including janitorial service; (B) take possession due to any breach of this Lease but without notice in the manner provided herein; and (C) perform any covenants event of Tenant which Tenant fails to perform. Landlord may make any such entries without an Emergency or during the abatement continuance of Rent, except as otherwise provided in this Leasean Event of Default, and may take even though the existence of such reasonable steps as required to accomplish default or the stated purposes. nature thereof is denied or contested by Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyperson, do whatever is necessary to cure such default as may be appropriate under the circumstances for the account of and at the expense of Tenant. For each In the event of the above purposesan Emergency, Landlord shall at all times have a key with which make reasonable efforts to unlock all notify Tenant of the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance situation by Tenantphone or other available communication before taking any action to cure such default. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises All reasonable sums so paid by Landlord in and all reasonable costs and expenses (including attorneys' fees and expenses) so incurred, together with interest thereon at the manner hereinbefore described Default Rate from the date of payment or incurring the expense, shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of constitute Additional Rent payable by Tenant from any portion of the Premises. No provision of under this Lease and shall be construed as obligating paid by Tenant to Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinon demand.
Appears in 3 contracts
Samples: Lease Agreement (Egl Inc), Lease Agreement (Egl Inc), Lease Agreement (Egl Inc)
ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior written (e-mail is acceptable) notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything Provided that Landlord employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27connection with entries into the Premises, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than 48 hours advance notice to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantslessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building’s systems and equipmentas Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use reasonable efforts to minimize any disruption to Tenant’s business operations in the Premises during any such entry. Subject to Section 6.7 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment; provided, however, Tenant may elect to have a representative accompany Landlord during any such entry; provided further, however, Landlord shall not be required to delay any such entry due to the unavailability of a Tenant representative. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform regularly scheduled services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (w) taking possession of the Premises due to any breach of this Lease, (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Except as otherwise set forth in Section 3.2, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
ENTRY BY LANDLORD. That it shall be lawful for the Landlord reserves the right and its agent(s) at all reasonable times during the Term, and upon reasonable notice to Tenant (except in the case of an emergency) notice, to enter the Leased Premises to (iinspect the condition thereof. Where an inspection reveals that repairs or replacements are necessary, the Landlord shall give to the Tenant notice in writing, and immediately thereafter the Tenant will forthwith proceed to make all necessary repairs or replacements in a good and workmanlike manner and to the satisfaction of the Landlord, so as to complete same within a commercially reasonable time taking into consideration the nature of the repair required. The failure by the Landlord to give notice shall not relieve the Tenant from any of its obligations to repair or replace in accordance with the provisions hereof. Provided further, that if the Tenant refuses or neglects to repair promptly and to the reasonable satisfaction of the Landlord as required pursuant to the provisions of Paragraph 8(f) inspect them; (ii) show hereof or in accordance with any notice received from the Premises Landlord pursuant to prospective purchasersthe provisions of this Paragraph 8(g), the Landlord may, but shall not be obligated to, make such repairs or replacements without liability to the Tenant for any loss or damage which may occur to the Tenant’s property or to current or prospective mortgageesthe Tenant’s business by reason thereof and upon completion, ground or underlying lessors or insurers or, during the last twelve (12) months of Tenant shall forthwith pay upon demand the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or Landlord’s cost for structural alterations, making any such repairs or improvements replacements plus a sum equal to fifteen percent (15%) thereof for overhead, as additional rent. The Tenant agrees that the Building making of any repairs or replacement by the Building’s systems and equipment. Notwithstanding anything Landlord pursuant to the contrary this Paragraph 8(g) is not a re-entry or a breach of any covenant for quiet enjoyment contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Office Lease (Retrophin, Inc.), Office Lease (Acadia Pharmaceuticals Inc), Office Lease (Viking Therapeutics, Inc.)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and its employees, agents and contractors to enter the right Premises and all parts thereof on twenty-four (24) hours’ advance notice to Tenant and accompanied by a Tenant representative (except in the event of an emergency, in which case no notice or accompanying Tenant representative shall be required) (i) at all reasonable times and upon reasonable notice for any of the following purposes: to Tenant (except in inspect the case of an emergency) Premises; to enter maintain the Premises; to make such repairs to the Premises as Landlord is obligated or may elect to (i) inspect themmake; to make repairs, alterations or additions to any other portion of the Building; and (ii) to make any emergency repairs, to show the Premises and to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, post “For Lease” signs for the purposes of re-letting the Premises during the last twelve (12) months of the Lease TermTerm or while a default by Tenant has occurred and is continuing, to show the Premises to prospective tenants; (iii) post notices lenders or purchasers of nonresponsibility; the Building, and as otherwise required by law or (iv) alterpermitted by this Lease. Any entry into the Premises obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, improve or repair a detainer of, the Premises, or an eviction, actual or constructive of Tenant from the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performportion thereof. Landlord may make shall have such right of entry without any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required Rent to accomplish the stated purposesTenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each Tenant shall provide Landlord with a copy of all keys (and promptly provide updated copies of such keys to the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper extent locks are changed) required to open the all interior doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible within or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion otherwise access all portions of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord reserves to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right at all reasonable times to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and upon other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(ic) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements Subject to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained requirements set forth in this Article 27Section 17(a) above, Landlord may enter the Premises at any time to (A) perform services required for the purpose of Landlordconducting such inspections, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; tests and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except studies as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper desirable or necessary to open confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the doors in sound condition of the Building and to the Premisessystems serving the Building. Any entry into the Premises by Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord in the manner hereinbefore described has not, and shall not be deemed to be have assumed any responsibility to Tenant or any other party for compliance with Laws as a forcible result of the exercise or unlawful entry intonon-exercise of such rights.
(d) Landlord may do any of the foregoing, or a detainer of, undertake any of the Premises, inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant from any portion Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the PremisesTenant, or otherwise. No provision Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of this Lease shall be construed the Premises as obligating Landlord a result of any such entry or work and to perform give Tenant reasonable prior written notice of any repairssuch entry or work, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinin the case of an emergency.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and (except as otherwise provided in this Article 27) upon reasonable prior notice (which notice may be telephonic) to Tenant (except in the case of an emergency, in which event no notice shall be required) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, brokers or investors, or to current or prospective mortgagees, ground or underlying lessors or insurers or, or to prospective tenants of the Premises (but only during the last twelve (12) months of the Lease Term, to prospective tenants); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the BuildingBuilding Systems. The parties acknowledge that one room in the Premises, the file server room (the “Secure Room”), will be secured by Tenant before and after Tenant’s systems and equipmentnormal business hours (“Tenant’s Business Hours”). Notwithstanding anything Tenant shall provide Landlord with keys or access cards to the contrary contained Secure Room permitting Landlord to have access to the Secure Room outside of Tenant’s Business Hours in accordance with the provisions for emergency access to the Premises set forth below. Landlord shall provide janitorial services to the Secure Room only once per month, on a date that is mutually acceptable to Tenant and Landlord, such services to be provided during Tenant’s Business Hours, and only when escorted by an employee or other agent of Tenant. To the extent that Landlord incurs additional expense for cleaning and janitorial services provided to the Secure Room during Tenant’s Business Hours, Landlord shall have the right to assess such charge to Tenant as Additional Rent. Landlord shall have the right to install, use and maintain ducts, cabling, pipes and conduits in and through the Premises, provided that (a) such ducts, cabling, pipes and conduits are concealed within or above partitioning columns, walls or ceilings, except that if such ducts, cabling, pipes or conduits are installed in areas that are utility areas (such as storage areas, mailrooms or mud rooms), then such ducts, cabling, pipes or conduits may also be installed on partitioning walls, columns or ceilings, (b) such ducts, cabling, pipes and conduits do not reduce the usable area of the Premises by more than a de minimis amount, and (c) Landlord installs such ducts, cabling, pipes and conduits in a manner that minimizes, to the extent reasonably practicable, any adverse effect on an Alteration theretofore performed in the Premises. Subject to the provisions in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) to the extent permitted by applicable Law, take possession due to any breach of this Lease after a Default in the manner provided herein; and or (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key or access card with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by TenantTenant to Landlord. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision In exercising the rights reserved to Landlord in this Article 27, Landlord shall (i) use commercially reasonable efforts to avoid causing material interference with Tenant’s business and its customers, employees and invitees and (ii) comply with Tenant’s security policies and procedures. Tenant shall provide Landlord with the names and contact telephone numbers of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed two (2) employees of Tenant to be performed contacted in the event of an emergency either in or affecting the Premises (“Tenant’s Emergency Contacts”). After the names and contact telephone numbers of Tenant’s Emergency Contacts have been provided by Tenant to Landlord, such information shall remain in effect until Landlord hereinreceives written notice from Tenant of any revisions to such information. In the event of any emergency that requires immediate access to the Premises, Landlord shall make reasonable efforts, if practicable under the circumstances, to place one (1) telephone call to each of Tenant’s Emergency Contacts, and, if Landlord is unable to reach either person, Landlord shall leave a voice mail message specifying the nature of the emergency for both persons (assuming that such persons maintain voice mail), The building engineer and any vendor or other emergency personnel required to address such emergency may then enter the Premises for the sole purpose of addressing such emergency.
Appears in 2 contracts
Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable 24 hours' prior notice to Tenant (except in the case of an emergency) to Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantslessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, any recorded covenants, conditions and restrictions ("CC&Rs"), or for structural alterations, repairs or improvements to the Building Building, or as Landlord may otherwise reasonably desire or deem necessary; or (v) perform and take actions necessary to comply with the Building’s systems and equipmentrequirements and/or restrictions set forth in any CC&Rs. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) Tenant, to perform janitorial or other services required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries shall be subject to Tenant's reasonable security requirements and shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes, provided that Landlord shall use its best efforts to minimize any disruption to the business being carried on in the Premises during any such entry. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, unless due to Landlord's gross negligence, willful misconduct or a breach of this Lease. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Premises to prospective purchasers, mortgagees or tenants (but as to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last twelve (12) months of the initial Lease Term or of any Extension Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant's security procedures in connection with such entry (except that these restrictions shall not apply in the Building’s systems and equipmentcase of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord's entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes, provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to not materially and adversely interfere with Tenant's normal business functions. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except any claims arising out of Landlord's gross negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
ENTRY BY LANDLORD. Provided, however, that any such entry by Landlord shall (i) remain subject to Tenant’s reasonable security and privacy measures; and (ii) not unreasonably interfere with Tenant’s use and occupancy of the Premises, or the conduct of its business therein, then Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything Provided that Landlord employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27connection with entries into the Premises, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)
ENTRY BY LANDLORD. Landlord (or Landlord’s property manager) reserves the right at all reasonable times and upon reasonable at least 24 hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord (or Landlord’s property manager) may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform pursuant to Section 26.1 above. Landlord (or Landlord’s property manager) may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
ENTRY BY LANDLORD. Tenant shell permit Landlord reserves and Landlord’s agents to enter the right Premises at all reasonable times upon at least 24 hours’ prior written notice and upon subject to Tenant’s reasonable notice to Tenant safety and security procedures for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises, (b) to supply any services or to perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or additions to the Premises or the Center as Landlord deems necessary or as required by Lease, (d) to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; , (e) to place any usual or ordinary “for sale” signs, or (ivf) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements within six (6) months prior to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required expiration of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary “for lease” signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises. Landlord will use reasonable efforts to minimize interference with Tenants business operations and shall endeavor to enter only at times scheduled with Tenant and if Tenant so requires, and Tenant may have a representative of Tenant escort any other loss occasioned therebypersons entering the Premises. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency (e.g., threat of injury to person or property) or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible as provided herein, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 2 contracts
Samples: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.), Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time upon reasonable notice to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; except to the extent arising from the gross negligence or willful misconduct of the Landlord or the Landlord Parties, subject to all provisions contained in this Lease. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
ENTRY BY LANDLORD. 9.01 Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to may enter the Premises at reasonable hours to (ia) inspect themthe same; (iib) show exhibit the same to prospective purchasers, lenders or tenants, provided, however, that Landlord shall only exhibit the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last final twelve (12) months of Tenant’s occupancy of the Lease Term, to prospective tenantsPremises; (iiic) post notices determine whether Tenant is complying with all its obligations hereunder; (d) supply janitor service and any other service to be provided by Landlord to Tenant hereunder; (e) make repairs required of nonresponsibility; Landlord under the terms hereof or (iv) alterrepairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or any other portion of the Building; provided that no entry by Landlord shall unreasonably interfere with Tenant’s systems and equipment. Notwithstanding anything to use or occupancy of the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesPremises. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, business or any loss of occupancy or quiet enjoyment of the PremisesPremises occasioned by such entry, and any other loss occasioned thereby. For each except to the extent that such damages result from Landlord’s unreasonable interference with Tenant’s use or occupancy of the above purposes, Premises or Landlord’s gross negligence or willful misconduct Landlord shall at all times time have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the Tenant’s doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described an emergency shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction contructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 2 contracts
Samples: Lease Agreement (Limoneira CO), Lease Agreement (Calavo Growers Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything Provided that Landlord employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27connection with entries into the Premises, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of this Lease the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be construed treated as obligating Landlord to perform Common Areas. Tenant shall not make any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinAlterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord.
Appears in 2 contracts
Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or mortgagees, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, repairs repairs, additions, or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in this Lease, Section 6.5 above) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant, hereunder, Landlord shall use commercially reasonable efforts not to adversely interfere with Tenant’s use or access to the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon reasonable notice to Tenant (except in the case of an emergency) to contractors may enter the Demised Premises at any time in response to an emergency and at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve six (126) months of the Lease Termthis Lease, to prospective tenants; (iiic) determine whether Tenant is complying with all its obligations in this Lease, (d) post notices of nonresponsibility; non-responsibility or similar notices, or (ive) altermake repairs required of Landlord under the terms of this Lease; however, improve all such work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. If no emergency exists, any entry (whether or repair the Premises or the Building, or for structural alterations, repairs or improvements not detailed above) will be upon 24 hours advance notice to the Building or the Building’s systems and equipmentTenant by Landlord. Notwithstanding anything to the contrary contained in Tenant by this Article 27, Landlord may enter the Premises at 20.00 waives any time to (A) perform services required of claim against Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rentits agents, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims employees or contractors for damages or for for: any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Demised Premises, and or any other loss occasioned therebyby such entry if such entry is made in compliance with this Article 20.00. For each Tenant, by the execution of this Lease, acknowledges that Landlord may use whatever means it deems advisable in light of the above purposes, particular emergency to gain access to the Demised Premises. Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall will have the right to use any and all means that which Landlord may deem proper to open the doors in and to the Demised Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Demised Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article 20.00 will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Demised Premises or an eviction, actual or constructive, of Tenant from the Demised Premises, or an actual or constructive eviction of Tenant from any portion of the Demised Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Base Monthly Rent, Additional Rent, or other charges which this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least twenty-four (24) hours’ prior written notice (which may be delivered via email) to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable -36- HCP XXXXXX XXXXX, LLC [11099 NORTH XXXXXX XXXXX ROAD] [Synthorx Inc.] law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to In exercising the contrary contained entry rights set forth in this Article 27Section, Landlord may enter shall use commercially reasonable efforts to minimize interference with the Premises at any time to (A) perform services required conduct of Landlord, including janitorial service; (B) take possession due to any breach of this Lease Tenant’s business in connection with such entries into the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performPremises. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Except in the case of an emergency, Tenant shall have the opportunity to have a representative of Tenant accompany the entrant, provided that Landlord shall not be required to delay any such entrance due to the unavailability of Tenant’s representative. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease In making any such entry (other than in an emergency) ,Landlord shall be construed as obligating use commercially reasonable efforts to cooperate with those certain safety and security measures delivered to Landlord by Tenant prior to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthe date hereof.
Appears in 2 contracts
Samples: Lease (Synthorx, Inc.), Lease (Synthorx, Inc.)
ENTRY BY LANDLORD. Landlord reserves and shall have the right to enter the Leased Premises, to inspect the same with at all reasonable times and upon reasonable least forty-eight (48) hours of notice to Tenant (except in the case of an emergency) ), to enter supply janitorial service and other services to be provided by Landlord to Tenant hereunder, to submit the Premises to (i) inspect them; (ii) show the Leased Premises to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during tenants within the last twelve six (126) months of the Lease Term or Extension Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) non-responsibility, and to alter, improve or repair the Leased Premises or the Building, or for structural alterations, repairs or improvements to and any portion of the Building or of which the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27Leased Premises are a part, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Annual Basic Rent or Additional Rent, except as otherwise provided in this Lease, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish be performed, always providing that access into the stated purposesLeased Premises shall not be blocked thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Leased Premises or any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in in, upon or about the Leased Premises, excluding Tenant’s vaultsvaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all reasonable means that which Landlord may deem proper to open the such doors in and an emergency in order to obtain entry to the Leased Premises. Any , and any entry into to the Leased Premises obtained by Landlord in the manner hereinbefore described by any such means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, Leased Premises or an actual or constructive eviction of Tenant from all or any portion of the Leased Premises. No provision of Nothing in this Lease Article 15 shall be construed as obligating Landlord to perform any repairs, alterations or decorations maintenance except as otherwise expressly agreed to be performed by Landlord hereinrequired elsewhere in this Lease.
Appears in 2 contracts
Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant of not less than twenty-four (24) hours (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Zeltiq Aesthetics Inc), Office Lease (Zeltiq Aesthetics Inc)
ENTRY BY LANDLORD. Landlord reserves the right and its authorized agents and representatives shall be entitled at all reasonable times during normal business hours, and after business hours upon reasonable notice to Tenant twenty-four (except 24) hours prior notice, and at any time in the case of an emergency
(a) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserssame, or to current cure a default of Tenant or prospective mortgageesto protect the interests of Landlord, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; non-responsibility and (b) to take required materials and equipment into the Premises and perform required work therein, including the erection of scaffolding, props, or (iv) alterother devices for the purpose of making alterations, improve repairs or repair additions to the Premises or to any other portion of the building in which the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord Center are situated as may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise be provided in this Lease, and Lease or as may take such reasonable steps be agreed upon by the parties or as Landlord may be required by law to accomplish the stated purposes. Tenant hereby waives any claims for damages make or for maintaining any injuries or inconvenience service provided by Landlord to or interference with Tenant’s businessTenant hereunder, lost profits, without any rebate of Rent to Tenant for any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyor damage, injury or inconvenience thereby occasioned. For each of the above purposesSuch entry shall be in such a manner as to cause as little disturbance to Tenant as is reasonably practical, however, Landlord shall not be required to perform any such work after regular working hours or on weekends or holidays. Tenant shall permit Landlord or its agents, upon request, to enter the Premises or any part thereof, at all reasonable times have a key with which during normal business hours to unlock all show the doors in Premises to the Premisesfee owners, excluding Tenant’s vaultslandlords of superior leases, safes holders of encumbrances on the interest of Landlord under this Lease, or prospective purchasers or Mortgagees of the Center, and special security areas designated in advance by Tenantduring the period of six months prior to the expiration date of this Lease, to prospective tenants. In an emergency, Landlord shall also have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into enter the Premises at such times as such entry shall be required by Landlord an emergency affecting the Premises or any other portion of the building in which the manner hereinbefore described Premises are located or any other portion of the Center. If during the last month of the Term Tenant shall not be deemed to be a forcible or unlawful entry into, or a detainer of, have removed substantially all of Tenant’s property and personnel from the Premises, or an actual or constructive eviction Landlord may enter the Premises and repair, alter and redecorate the same, without abatement of Tenant from any portion of the Premises. No provision of Rent and without liability to Tenant, and such acts shall have no effect on this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinLease.
Appears in 2 contracts
Samples: Retail Lease Agreement, Retail Lease Agreement
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency“Emergency,” as that term is defined, below) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last Iasi twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair make repairs to the Premises or (to the Buildingextent permitted pursuant to the terms of this Lease), or for structural alterations, to make repairs or improvements to the Building or the Building’s systems and equipment. All such visitors under item (ii), above (including, without limitation, prospective tenants) shall be required to execute Tenant’s standard, commercially reasonable confidentiality agreement, provided that in the event of an Emergency such visitors shall be required to execute Tenant’s standard confidentiality agreement if reasonably possible. At Tenant’s option, Tenant may require that an employee of Tenant accompany any such visitors (provided that Tenant makes such employee available to at the time of the required entry). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Any such entries shall be performed by Xxxxxxxx as expeditiously as reasonably possible and in a manner so as to minimize any interference with the conduct of Xxxxxx’s business. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseentries, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.this
Appears in 2 contracts
Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
ENTRY BY LANDLORD. Landlord reserves may, but shall not be obligated to, enter the right at all reasonable times and Premises upon reasonable notice to Tenant (except in the emergency, in which case no notice shall be required) and without any abatement of an emergencyRent: (a) to enter examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease; (c) to make repairs, alterations, improvements, and additions to the Premises or to (i) inspect themother portions of the Complex as Landlord deems necessary or desirable; (iid) to perform work necessary to comply with laws, ordinances, rules, or the regulations of any governmental authority or of any insurance underwriter; (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises or the Complex; (f) to show the Premises to prospective or actual purchasers, or to current or prospective mortgageestenants, ground or underlying lessors or insurers orMortgagees, during the last twelve (12) months of the Lease Terminvestors, to prospective tenantsand insurers; (iiig) to post notices of nonresponsibilitynon-responsibility; or and (ivh) alter, improve or repair for any other purpose permitted by law. In entering the Premises or the Building, or for structural alterations, repairs or improvements pursuant to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27article, Landlord may enter the Premises at take thereon any time to (A) perform services reasonably required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performmaterials. Landlord may make erect scaffolding and other necessary structures around and within the Premises where reasonably required by the character of any such entries without work to be performed, always providing that the abatement of Rent, except as otherwise provided in this Leaseentrance to the Premises shall not be blocked thereby, and may take such further providing that Landlord shall use reasonable steps as required efforts, in light of expense and practicality, to accomplish the stated purposesminimize any interference with Tenant’s business. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and Any entry to the Premises. Any entry into the Premises obtained by Landlord in the manner hereinbefore described by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, Premises or an actual or constructive eviction of Tenant from the Premises or any portion thereof. During the six (6) months prior to the expiration of the Premises. No provision of this Lease Term, Landlord may place upon the Premises leasing and/or for sale notices, which Tenant shall be construed as obligating Landlord permit to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinremain without molestation.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable advance written notice (at least 24 hours), to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, the ground or underlying lessors or insurers lessors, or, during the last twelve (12) 9 months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility; or (iv) provided the same does not have an adverse impact on Tenant’s use to enjoyment of the Premises, alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant (A) provided with respect to emergency situations, notice of such entry shall be made promptly thereafter), in emergency situations and/or to perform services janitorial required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries in compliance with this Section shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party (provided, the foregoing proviso shall not apply to loss of profits or other consequential damages). For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision In connection with such accessing of this Lease the Premises, Landlord will comply with Tenant’s reasonable written security measures so long as such compliance does not materially impede or delay Landlord’s access to the Premises. Landlord shall be construed as obligating Landlord in all events use commercially reasonable efforts to perform minimize any repairsinterference with Tenant’s use and enjoyment of, alterations or decorations except as otherwise expressly agreed to be performed and access to, the Premises in connection with any exercise of rights by Landlord hereinunder this Section 22.
Appears in 2 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
ENTRY BY LANDLORD. (a) Landlord reserves or Landlord’s agents, public utilities servicing the Building or the Unit and the Board of Managers shall have the right, and Tenant shall permit Landlord or Landlord’s agents, public utilities servicing the Building or the Unit or the Board of Managers and persons authorized by Landlord and the Board of Managers, to install, erect, use and maintain pipes, ducts and conduits in and through the Premises; provided that, (a) same are installed within the interior of the walls of the Premises or above Tenant’s ceiling or, if installed adjacent to the Premises or the ceiling thereof, such installations shall be, at Landlord’s or the Board of Managers’ cost and expense, located in boxed enclosures and appropriately furred, (b) same shall not impair Tenant’s decorations, layout or use of the Premises or diminish its space (other than a de minimis amount) or reduce its ceiling height and to the extent there is any loss of any rentable square footage, Tenant’s Base Rent obligation and Tenant’s Pro Rata Share of escalations (whether for Expenses or Taxes) shall all be proportionately reduced, and (c) in performing such installation work, Landlord or the Board of Managers, as the case may be, shall use reasonable efforts to minimize interference with Tenant’s use of the Premises without any obligation to employ overtime services. Any damage to the Premises resulting from Landlord’s exercise of the foregoing right shall be repaired and the Premises restored to its condition prior to such damage promptly by and at all the expense of Landlord or the Board of Managers, as the case may be.
(b) Landlord and the Board of Managers and persons authorized by Landlord and/or the Board of Managers shall have the right, upon reasonable advance notice, except in cases of Emergencies, to enter and/or pass through the Premises at reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) during Building Service Hours, show the Premises to actual and prospective purchaserssuperior lessors, superior mortgagees or investors, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months purchasers of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Unit or the BuildingBuilding and their respective agents and representatives, or for structural alterations, repairs or improvements to the Building provided Landlord or the Building’s systems and equipment. Notwithstanding anything Board of Managers, as the case may be, shall use reasonable efforts to the contrary contained in this Article 27, Landlord may enter the Premises at minimize any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s businessbusiness operations and shall be accompanied by a designated representative of Tenant if Tenant shall have made such representative available. In addition, lost profits, without limiting any loss of occupancy or quiet enjoyment provisions of the PremisesCondominium Documents, the Landlord and any other loss occasioned thereby. For each Board of Managers and persons authorized by the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord or Board of Managers shall have the right right, upon reasonable advance notice, except in cases of Emergency, to enter and/or pass through the Premises at reasonable times provided the Landlord or Board of Managers, as the case may be, shall use reasonable efforts to minimize any means that Landlord may deem proper interference with Tenant’s business operations and shall be accompanied by a designated representative of Tenant if Tenant shall have made such representative available, (a) to open the doors make such repairs, alterations, additions and improvements in and or to the PremisesPremises and/or in or to the Unit or the Building or its facilities and equipment as the Landlord or the Board of Managers or persons authorized by the Landlord or Board of Managers, as the case may be, is or are required or permitted to make, and (b) to read any utility meters located therein. Any entry The Landlord and Board of Managers and such authorized persons shall be allowed to take all materials into and upon the Premises by that may reasonably be required in connection therewith, without any liability to Tenant and without any reduction of Tenant’s covenants and obligations hereunder except as may be expressly provided to the contrary elsewhere in this Lease; provided, however, that to the extent reasonably practicable, the Landlord or Board of Managers, as the case may be, shall not cause or permit such materials to be stored in the manner hereinbefore described shall not be deemed Premises overnight.
(c) During the period of 15 months prior to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision expiration date of this Lease (as the same may have been extended pursuant to the provisions of this Lease), Landlord and persons authorized by Landlord may exhibit the Premises to prospective tenants at reasonable times. Landlord shall give Tenant reasonable prior notice of any entry pursuant to this Section 10.02 and shall use reasonable efforts to minimize any interference with Tenant’s business operations and use of the Premises and shall be construed as obligating accompanied by a designated representative of Tenant if Tenant shall have made such representative available to Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinupon reasonable advance notice.
Appears in 2 contracts
Samples: Office Lease Agreement (Pubmatic, Inc.), Office Lease Agreement (Pubmatic, Inc.)
ENTRY BY LANDLORD. Landlord (or Landlord’s property manager) reserves the right at all commercially reasonable times and upon reasonable providing one (1) business days’ advance notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord (or Landlord’s property manager) may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord shall at all times when entering the Premises comply with Tenant’s reasonable safety rules and regulations and laboratory protocols of which Landlord has knowledge of, and, at Tenant’s option, shall be accompanied or escorted by Tenant’s representative at all times when entering the Premises, so long as such representative is made available when Landlord or its agents need to enter the Premises. Subject to the provisions of this Section, Landlord (or Landlord’s property manager) may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s laboratories, vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
ENTRY BY LANDLORD. (a) Subject to the terms of this Section 24.2(a), Landlord reserves and its Affiliates at all times have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which will retain (or be given by Tenant) keys to unlock all the doors in to or within the Premises, excluding doors to Tenant’s vaults, safes vaults and special files and Tenant’s limited high-security areas designated areas. Landlord in advance good faith will attempt to give Tenant oral or written notice at least one (1) day prior to entering the Premises and will use commercially reasonable efforts to avoid disturbing or interfering with the conduct of Tenant’s business by Tenantsuch entry more than is reasonably necessary under these circumstances. In an emergencyBut, Landlord shall need not give notice and will have the right to use any means necessary to enter the Premises if Landlord believes there is an emergency or that entry is necessary to prevent damage or Injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may deem proper to open the doors result in and material interference). Entry to the Premises. Any entry into Premises and the Premises by Landlord in the manner hereinbefore described shall not exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an actual or constructive eviction of Tenant from the Premises or any portion thereof, nor will it subject Landlord to any Labilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies.
(b) Notwithstanding anything to the contrary, Landlord reserves from the rights granted to Tenant in this Lease, and Tenant agrees to permit, the right of emergency egress through the Premises for Landlord and other tenants and occupants of the PremisesBuilding (and their respective Affiliates). No provision To accommodate this emergency egress, Landlord will have the right to use existing (or if not already existing or to be part of Landlord’s Work, at its cost install new) doors, hardware and locking devices in the Premises and to comply with applicable Laws in providing this access, and all of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to work will be performed by Landlord hereinin a good and workmanlike manner and so as not to disturb the conduct of Tenant’s business more than is reasonably necessary under the circumstances.
Appears in 2 contracts
Samples: Lease (TransMedics Group, Inc.), Lease Agreement (TransMedics Group, Inc.)
ENTRY BY LANDLORD. Landlord reserves may enter the right Premises to inspect, show (during Building Service Hours), clean, perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building services, Landlord shall provide Tenant with at all least one (1) Business Day’s prior written notice of entry. At Tenant’s election, Landlord shall be escorted by a representative of Tenant within the Premises during any such access, provided that Tenant makes such representative available during such access. In connection with any such entry for non-emergency work performed during Building Service Hours, Landlord shall use commercially reasonable times efforts, consistent with the operation of a first-class high rise building, not to unreasonably interfere with Xxxxxx’s use of the Premises. If reasonably necessary and upon reasonable on prior written notice to Tenant (except in the case emergencies), Landlord may temporarily close all or a portion of an emergency) to enter the Premises to (i) inspect themperform repairs, alterations and additions; (ii) show provided, that, except in emergencies, any such work that would prevent the use of more than a de minimis portion of the Premises during Building Service Hours will be performed on weekends or after Building Service Hours. Any such entry by Landlord shall not constitute a constructive eviction or entitle Tenant to prospective purchasers, an abatement or reduction of Rent. Notwithstanding anything to current or prospective mortgagees, ground or underlying lessors or insurers orthe contrary, during the portion of the Term prior to the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have not show or grant access to the Premises to Adobe, Inc.; AWeber Communications; Constant Contact, Inc.; DotDigital Group Pic; Avenue 81, Inc. d/b/a key Drip; Emarsys eMarketing Systems AG; Listrak, Inc.; Rocket Science Group D/b/a Mailchimp; Xxxxxxxxxx.xxx, Inc.; Xxxxx, Inc.; or their successors (“Tenant Competitors”), without Xxxxxx’s prior written consent, which consent may be withheld in Tenant’s sole discretion; provided, however, that Xxxxxx’s prior written consent shall not be required with which respect to unlock all the doors any access by any Tenant Competitor in the Premiseslast twelve (12) months of the Term; provided, excluding however at Tenant’s vaultselection, safes and special security areas designated in advance such parties shall be escorted by Tenanta representative of Tenant within the Premises during any such access. In an emergency, Landlord Tenant shall have the right to use any means provide Landlord written notice of an updated list of Tenant Competitors from time to time during the Term, provided that Landlord may deem proper such updated list shall be limited to open e-commerce marketing companies or such other companies engaged in a primary business competitive with Tenant’s primary business, and the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described total number of Tenant Competitors shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from exceed ten (10) entities at any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereintime.
Appears in 2 contracts
Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building’s systems and equipmentas Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Intralase Corp), Office Lease (Advanced Medical Optics Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (upon not less than forty-eight (48) hours advance written notice, except in the case of an emergencyemergencies in which case no such notice shall be required and such entry may be at any time) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform (after any applicable notice and cure periods). Tenant shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at the time of Landlord’s entrance onto the Premises, and provided that such representative does not unreasonably interfere with Landlord. Landlord and Landlord’s agents shall use reasonable efforts to minimize interruption of Tenant’s operations in the Premises during any entry into the Premises pursuant to this Article 27. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem reasonably proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential or proprietary information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord shall not be obligated to provide to any areas designated by Tenant as Secured Areas Building services or maintenance which require Landlord’s entry to such Secured Areas in the event Tenant does not provide access to such Secured Areas after Landlord’s request to the extent reasonably necessary for the performance of such services or maintenance. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
ENTRY BY LANDLORD. Subject to limitations described in the last paragraph of Paragraph 1.3 and this Paragraph 17 below, Landlord reserves the right and shall at any and all reasonable times and upon reasonable prior notice to Tenant of not less than twenty four (24) hours (except in the case of an emergency) have the right to enter the Premises to (i) inspect them; (ii) the same, to supply any service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or mortgagors/lenders or, to post notices of non-responsibility, to alter, improve or repair the Premises or any other portion of the Building, to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Term of this Lease Term, to prospective tenants; (iii) post notices , all without being deemed guilty of nonresponsibility; or (iv) alterany eviction of Tenant and without abatement of rent except as expressly set forth below in this Paragraph 17. In order to carry out such purposes, improve or repair Landlord may erect scaffolding and other necessary structures where reasonably required by the Premises or character of the Buildingwork to be performed, or for structural alterations, repairs or improvements to provided that the Building or the Building’s systems and equipmentbusiness of Tenant shall be interfered with as little as is reasonably practicable. Notwithstanding anything to the contrary contained set forth in this Article 27Paragraph 17, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord may shall not enter such Secured Areas except in the Premises at event of an emergency. Landlord need not clean any time area designated by Tenant as a Secured Area and shall only maintain or repair such Secured Areas to the extent (Ai) perform services such repair or maintenance is required of Landlord, including janitorial servicein order to maintain and repair the Building; (Bii) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required by applicable law, or (iii) in response to accomplish the stated purposesspecific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except as expressly set forth herein. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, Premises (excluding Tenant’s vaultsvaults and safes), safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means shall not not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof. No It is understood and agreed that no provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein to be performed by Landlord. In the event that Tenant is prevented from using, and does not use, the Premises or any material portion thereof, as a result of (i) any repair, maintenance or alteration performed by Landlord, or which Landlord hereinfailed to perform or commence to perform after at least three (3) business days’ prior written notice by Tenant to Landlord identifying such failure, which substantially interferes with Tenant’s use of or ingress to or egress from the Building or Premises and is not necessitated by Tenant’s breach or Default hereunder or performed in such manner at the Tenant’s express request; (ii) any failure to provide services, utilities or ingress to and egress from the Building or Premises if such failure is attributable solely to the act or omission of Landlord (or Landlord’s agents, employees or contractors) or to Landlord’s failure to perform its maintenance obligations set forth herein as specifically identified in a written notice given by Tenant to Landlord; or (iii) the presence of Hazardous Materials due to the acts or omissions of Landlord or Landlord’s agents, employees or contractors (any such set of circumstances as set forth in items (i) through (iii), above, to be known as an “Abatement Event”), then if such Abatement Event continues for five (5) consecutive business days (the “Eligibility Period”), then the rent payable hereunder shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or any material portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. If Tenant’s right to abatement occurs during a free rent period, Tenant’s free rent period shall be extended for the number of days that the abatement period overlapped the free rent period (“Overlap Period”).
Appears in 2 contracts
Samples: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant under the circumstances (except which in the case of an emergencynon-emergency repairs shall be at least twenty-four (24) hours' prior written notice) to Tenant to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantslessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building Building, or as Landlord may otherwise reasonably desire or deem necessary, however, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of or access to the Building’s systems and equipmentPremises in doing any of the foregoing. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Websense Inc), Office Lease (Websense Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentequipment (including, without limitation, to perform Bracket’s obligations to remove the alterations, improvements, equipment and personal property in the Suite 700 Server Room that are Bracket’s obligation to remove pursuant to that certain Lease Termination Agreement (the “Lease Termination Agreement”) being entered into by Landlord and Bracket concurrently herewith, and any related restoration work required by such Lease Termination Agreement to the extent that Bracket fails to timely perform such obligations). Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform following the expiration of any applicable notice and cure period. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. In connection with any such entry to the Premises, Landlord shall comply with Tenant’s reasonably established security measures previously communicated to Landlord in writing.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable one (1) business day prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last six (6) months of the Lease Term, tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) at any reasonable time to perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord and Landlord’s agents shall exercise reasonable efforts in connection with any entry (other than an entry pursuant to clause (B) above) to not impair Tenant’s operations more than reasonably necessary and shall comply with Tenant’s reasonable security measures to the extent Landlord has given prior written notice thereof.
Appears in 2 contracts
Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
ENTRY BY LANDLORD. Landlord (or Landlord’s property manager) reserves the right at all reasonable times and upon reasonable at least 24 hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord (or Xxxxxxxx’s property manager) may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform pursuant to Section 26.1 above. Landlord (or Xxxxxxxx’s property manager) may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times right, on not less than one (1) business days prior written notice and upon reasonable notice to Tenant during Building Hours (except in the case of an emergencyEmergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, subject, however to the requirements of Section 7.1 above. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s businessbusiness and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, Tenant hereby waives any claims for loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises in connection with such entries. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
ENTRY BY LANDLORD. Landlord reserves may, but shall not be obligated to, enter the right at all reasonable times and Premises upon reasonable notice to Tenant (except in the emergency, in which case no notice shall be required) and without any abatement of an emergencyRent: (a) to enter examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Agreement; (c) to make repairs, alterations, improvements, and additions to the Premises to (i) inspect themas Landlord deems necessary or desirable; (iid) to perform work necessary to comply with laws, ordinances, rules, or the regulations of any governmental authority or of any insurance underwriter; (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises; (f) to show the Premises to prospective or actual purchasers, or to current or prospective mortgageestenants, ground or underlying lessors or insurers orMortgagees, during the last twelve (12) months of the Lease Terminvestors, to prospective tenantsand insurers; (iiig) to post notices of nonresponsibilitynon-responsibility; or and (ivh) alter, improve or repair for any other purpose permitted by law. In entering the Premises or the Building, or for structural alterations, repairs or improvements pursuant to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27Article, Landlord may enter the Premises at take thereon any time to (A) perform services reasonably required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performmaterials. Landlord may make erect scaffolding and other necessary structures around and within the Premises where reasonably required by the character of any such entries without work to be performed, always providing that the abatement of Rent, except as otherwise provided in this Leaseentrance to the Premises shall not be blocked thereby, and may take such further providing that Landlord shall use reasonable steps as required efforts, in light of expense and practicality, to accomplish the stated purposesminimize any interference with Tenant’s business. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and Any entry to the Premises. Any entry into the Premises obtained by Landlord in the manner hereinbefore described by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, Premises or an actual or constructive eviction of Tenant from the Premises or any portion thereof. During the six (6) months prior to the expiration of the Premises. No provision of this Lease Term, Landlord may place upon the Premises leasing and/or for sale notices, which Tenant shall be construed as obligating Landlord permit to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinremain without molestation.
Appears in 2 contracts
Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantslessors; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of LandlordLandlord (including, including janitorial servicewithout limitation, the construction of the Improvements); (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
ENTRY BY LANDLORD. Landlord reserves the right right, at all reasonable times and upon reasonable prior notice to Tenant Tenant, but in no event less than forty-eight (48) hours prior written notice, (except in the case of an emergency) ), to enter the Premises to (ia) inspect themthe Premises; (iib) show the Premises to prospective existing or potential purchasers, successors, investors, Security Holders or to current or prospective mortgageesinsurers, ground or underlying lessors or insurers or, and during the last twelve nine (129) months of the Lease TermTerm (or while a Default exists), to prospective tenants; (iiic) post notices of nonresponsibility; (d) perform maintenance or repairs to the Premises, subject to the limitations set forth in this Lease; (e) to maintain or repair improvements for other tenants where access to the Premises is required for such maintenance or repair, subject to the limitations set forth in this Lease; or (ivf) alter, improve maintain or repair pipes, conduits, ducts, wires and structural elements in the Premises that serve other parts or tenants of the Building, or for structural alterations, repairs or improvements subject to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided limitations set forth in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenantprovided Tenant may designate certain areas of the Premises (not to exceed 15% of the total rentable square footage of the Premises or such larger area as may be shown on the Approved Working Drawings for the Tenant Improvements) as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection or to perform Landlord’s vaultsobligations hereunder, safes in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and special security areas designated in advance by Tenanttime of such Landlord inspection, and Tenant shall be responsible for all damages resulting from Landlord’s limited access to such areas. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into Landlord shall use commercially reasonable efforts to conduct its activities under this Article 28 in a manner that will minimize inconvenience to Tenant and avoid interference with Tenant’s use of or access to the Premises (including, if necessary to avoid such interference, entering the Premises after Tenant’s business hours). In no event shall Tenant be entitled to an abatement of Rent on account of any entry by Landlord in accordance with Article 28, nor shall Landlord be liable in any manner for any inconvenience, loss of business or other damage to Tenant or other persons arising out of Landlord’s entry on the manner hereinbefore described Premises in accordance with this Article 28. No action by Landlord pursuant to this Article 28 shall not be deemed constitute an eviction of Tenant, constructive or otherwise, entitle Tenant to be a forcible an abatement of Rent or unlawful entry intoto terminate this Lease, or a detainer of, the Premises, or an actual or constructive eviction of otherwise release Tenant from any portion of Tenant’s obligations under this Lease so long as such action does not interfere with Tenant’s use of or access to the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or (during the final twelve (12) months of the Lease Term) tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) altermake reasonably necessary alterations, improve improvements or repair repairs to the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentSystems. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach Default of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform following applicable notice and cure periods. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into the Premises. To the extent reasonably practical given the nature of the work, Landlord will provide Tenant with at least five (5) days prior notice of any of the actions set forth in this Article 27, to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the on-site parking area. Tenant shall additionally have the right to require that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at commercially reasonable times. Landlord shall use good faith efforts to ensure that the performance of any such work of repairs or alterations shall not materially interfere with Tenant’s use of the Premises (or any portion thereof) for Tenant’s business purposes (Landlord’s efforts in such regard will include, where reasonably possible, limiting the performance of any such work which might be disruptive to weekends or the evening and the cleaning of any work area prior to the commencement of the next business day). Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in Section 19.5.2 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable advance written notice (at least 24 hours), to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, the ground or underlying lessors or insurers lessors, or, during the last twelve (12) 9 months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility; or (iv) provided the same does not have an adverse impact on Tenant’s use to enjoyment of the Premises, alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant (A) provided with respect to emergency situations, notice of such entry shall be made promptly thereafter), in emergency situations and/or to perform services janitorial required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries in compliance with this Section shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Party (provided, the foregoing proviso shall not apply to loss of profits or other consequential damages). For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision In connection with such accessing of this Lease the Premises, Landlord will comply with Tenant’s reasonable written security measures so long as such compliance does not materially impede or delay Landlord’s access to the Premises. Landlord shall be construed as obligating Landlord in all events use commercially reasonable efforts to perform minimize any repairsinterference with Tenant’s use and enjoyment of, alterations or decorations except as otherwise expressly agreed to be performed and access to, the Premises in connection with any exercise of rights by Landlord herein.under this Section 22. 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2
Appears in 2 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable Upon not less than one (1) business day’s prior notice to Tenant (except in the case of an emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspect theminspecting and maintaining the Premises; (ii) show making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as required or permitted by any law, and (vi) placing “For Sale” signs, and showing the Premises to prospective purchasersLandlord’s existing or potential successors, or to current or prospective mortgageespurchasers and lenders. Tenant shall permit Landlord and Landlord’s agents, ground or underlying lessors or insurers or, during the last at any time within twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements prior to the Building Expiration Date (or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time during the Lease Term that Tenant is in default hereunder beyond applicable notice and cure periods), to (A) perform services required of Landlordplace upon the Premises “For Lease” signs, including janitorial service; (B) take possession due and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. At any breach of this Lease time when Tenant does not rent all rentable space in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this LeaseProject, and may take such reasonable steps as required at any time within twelve (12) months prior to accomplish the stated purposes. Expiration Date (or at any time during the Lease Term that Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at is in default hereunder) if Tenant does rent all times have a key with which to unlock all the doors rentable space in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyProject, Landlord shall have the right to use any means that Landlord may deem proper to open place “For Lease” signs within the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinexterior Common Areas.
Appears in 2 contracts
Samples: Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Palo Alto Networks Inc)
ENTRY BY LANDLORD. Tenant agrees to permit Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises accompanied by Tenant and subject to Tenant’s reasonable security requirements, at reasonable times, with reasonable advance notice to Tenant of not less than one (i1) inspect them; (ii) show business day, for the purpose of inspecting the same, showing the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (during the last twelve one hundred eighty (12180) months days of the Lease TermTerm only, unless Tenant does not exercise the Option to prospective tenants; (iii) post notices of nonresponsibility; Extend provided in Paragraph 42 hereof, in which case Landlord will have access for such purposes beginning on the latest date that Tenant could exercise the Option to Extend, subject to the terms and provisions hereof), making any necessary repairs or (iv) alter, improve or repair additions to the Premises or the BuildingPremises of another tenant or to the Buildings and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or of the Board of Fire Underwriters or any similar body, or for structural alterationsthat Landlord may reasonably deem necessary to prevent waste or deterioration in connection with the Premises, including without limitation any repairs or improvements other work which Tenant is obligated to make or perform under the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach terms of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails has failed or neglected to performmake or perform after receipt of written demand by Landlord (and the expiration of any applicable cure periods for default hereunder) that the same be made or performed. In the event Landlord may make performs any such entries without work which Tenant is obligated to perform under the abatement terms of Rent, except as otherwise provided in this Lease, and Tenant shall pay to Landlord, within thirty (30) days from the date of receipt by Tenant of a statement therefore, the cost incurred by Landlord in performing the same. Nothing herein shall imply any duty on the part of Landlord to do any such work which, under any provision of this Lease, Tenant may take such reasonable steps as be required to accomplish perform and the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, performance thereof by Landlord shall at all times have not constitute a key with which waiver of any default by Tenant in failing to unlock all perform the doors same. Landlord may, during the progress of any work in the Premises, excluding Tenant’s vaults, safes keep and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into store upon the Premises by all necessary materials, tools, and equipment. Landlord in the manner hereinbefore described shall not be deemed liable for inconvenience, annoyance, disturbance, loss of business or other damage to be a forcible Tenant by reason of making repairs or unlawful entry into, or a detainer of, the performance of any work in the Premises, or an actual on account of bringing materials, supplies and equipment to or constructive eviction through the Premises during the course thereof, and the obligations of Tenant from any portion of the Premises. No provision of under this Lease shall not thereby be construed as obligating affected in any manner whatsoever, provided that that Landlord employs commercially reasonable efforts to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinminimize interference with the conduct of Tenant’s business in connection with its entries into and/or work within the Premises.
Appears in 2 contracts
Samples: Lease (Marrone Bio Innovations Inc), Lease (Marrone Bio Innovations Inc)
ENTRY BY LANDLORD. Landlord reserves and its agents or representatives shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) the same, or to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (during the last twelve (12) months of the Lease Term, to prospective tenants; (iiiTerm or earlier in connection with a potential relocation) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Buildinginsurers, or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for structural alterationsthe safety, repairs protection or improvements preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or the Building’s systems any other tenants' premises. Except for any entry by Landlord in an emergency situation or to provide normal cleaning and equipment. Notwithstanding anything to the contrary contained in this Article 27janitorial service, Landlord may enter the Premises at shall provide Tenant with reasonable prior notice of any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of entry into the Premises, and any other loss occasioned therebywhich notice may be given verbally. For each of Notwithstanding the above purposesforegoing, except in emergency situations as determined by Landlord, Landlord shall at all times have exercise reasonable efforts to perform any entry into the Premises in a key manner that is reasonably designed to minimize interference with which to unlock all the doors operation of Tenant's business in the Premises, excluding Tenant’s vaults, safes . If reasonably necessary for the protection and special security areas designated in advance by Tenant. In an emergencysafety of Tenant and its employees, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into temporarily close the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except additions in the Premises, provided that Landlord shall use reasonable efforts to perform all such work on weekends and after Normal Business Hours. Entry by Landlord hereunder shall not constitute a constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as otherwise expressly agreed provided above for a period in excess of three (3) consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rental during the period beginning on the fourth (4th) consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Landlord hereinTenant in its maintenance and repair obligations under the Lease.
Appears in 2 contracts
Samples: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)
ENTRY BY LANDLORD. 27.1 Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything , each provided that Landlord uses commercially reasonable efforts to coordinate with Tenant (emergencies excepted) and otherwise employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27, Landlord may enter connection with entries into the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performPremises. Landlord may make any such entries without the abatement of Rent, except as otherwise expressly provided in this Lease, and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of this Lease the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be construed treated as obligating Landlord to perform Common Areas Tenant shall not make any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinAlterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
ENTRY BY LANDLORD. Subject to Landlord’s delivery to Tenant of an executed form attached hereto as Exhibit H (except in the case of an emergency), Landlord reserves the right at all reasonable times and upon reasonable at least one (1) Business Day’s prior written notice (which may be by email) to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Notwithstanding anything to the contrary set forth in this Article 27, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment may designate in writing certain reasonable areas of the Premises, and any other loss occasioned therebyPremises as “Secured Areas” should Tenant require such areas for the purpose of securing certain particularly valuable property or confidential information. For each of In connection with the above purposesforegoing, Landlord shall at all times have a key with which to unlock all the doors not enter such Secured Areas except in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance event of an emergency. Unless requested by Tenant, Landlord need not maintain or repair such secured areas. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease In making any such entry (other than in an emergency), Landlord shall be construed as obligating use commercially reasonable efforts to avoid interference with Tenant’s business operations and to follow Tenant’s reasonable security and safety measures that Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinhas prior notice of.
Appears in 2 contracts
Samples: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves the right at all reasonable times and its employees, agents and contractors upon reasonable twenty- four (24) hours’ notice to Tenant (except in the case of an emergency) , in which event no notice shall be necessary), to enter the Premises to and all parts thereof (i) at all reasonable times for any of the following purposes: to inspect themthe Premises; to maintain the Premises; to make such repairs to the Premises as Landlord is obligated or may elect to make, and to make repairs, alterations or additions to any other portion of the Building; and (ii) to show the Premises and to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, post “For Lease” signs for the purposes of re-letting the Premises during the last twelve nine (129) months of the Lease Term, ; to show the Premises to prospective tenantslenders or purchasers of the Building; (iii) and to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27XIV, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform pursuant to Section 12.05 above. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except that such waiver shall not apply to any actual, out-of-pocket damages incurred by Tenant in connection with Landlord’s entry in the Building when such loss or damage is due to Landlord’s negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of this or access to the Premises in connection with any such entry 28. TENANT PARKING Tenant shall have the right to use, at no additional cost or charge to Tenant during the initial Lease Term (and after the initial Lease term Landlord shall only charge for parking to the extent consistent with the practices of landlords of Comparable Buildings) , the amount of parking set forth in Section 9 of the Summary, in the on-site and/or off-site, as the case may be, parking facility (or facilities) which serve the Project. Tenant shall abide by all reasonable rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located (including any sticker or other identification system established by Landlord and the prohibition of vehicle repair and maintenance activities in the parking facilities), and shall reasonably cooperate in seeing that Tenant's employees and visitors also comply with such rules and regulations. Tenant's use of the Project parking facility shall be construed as obligating at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever, except in the event of the gross negligence or willful misconduct of Landlord or any Landlord Parties, for damage to perform the vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the parking rights granted herein or any repairsof Tenant's, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinits employees' and/or visitors' use of the parking facilities.
Appears in 2 contracts
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and during normal business hours, upon reasonable no less than 24 hours prior notice to Tenant (except in the case of an emergency) ), and in compliance with Tenant's reasonable security measures, to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to tenants, or prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceservice (unless Tenant has given Landlord written notice that it does not want janitorial service provided in a particular area ); (B) take possession possession, in compliance with law, due to any breach of this Lease in the manner provided herein; and (C) during normal business hours, upon forty-eight (48) hours prior notice, perform any covenants of Tenant which Tenant fails to performperform (after notice, and an opportunity to cure, if expressly provided in this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. In connection with any entry into the Premises, Landlord agrees to make reasonable efforts to minimize interference with Tenant's operations in the Premises caused by such entry and to minimize the duration of any such interference. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except with respect to damage to Tenant's personal property or the amount of any physical injury, but only to the extent such damage is caused by the negligent acts or omissions or willful misconduct of Landlord, its agents, employees and contractors, and in such event, only the extent not covered by Tenant's insurance required to be carried hereunder. For each of the above purposes, Landlord shall at all times have a key or card key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by TenantTenant (the "SECURITY Areas"). Notwithstanding anything set forth in this ARTICLE 27 to the contrary, Landlord shall have no access or inspection rights as to the Security Areas, except in the event of an emergency where such entry is reasonably required. In an emergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, provided Landlord has reasonably attempted, but to no avail, to obtain Tenant's immediate cooperation in connection therewith. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
ENTRY BY LANDLORD. Upon 24 hours prior written notice, except to the event of an emergency in which no notice need be given, Landlord reserves and shall at all times have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to re-enter the Premises to (i) inspect them; (ii) the same, to show the Premises to prospective purchasers, mortgagees or tenants, and to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve improve, or repair the Premises or and any portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaserent, and may take such reasonable steps as for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to accomplish be performed, provided that entrance to the stated purposesPremises shall not be blocked, and further provided that the business of Tenant shall not be interfered with unreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in doors, in, upon, and about the PremisesPremises (except for safes, excluding Tenant’s vaultsdrawers, safes etc. containing valuables), and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem necessary or proper to open the said doors in an emergency, in order to obtain entry to any portion of the Premises (except for safes, drawers, etc. containing valuables), and any entry to the Premises. Any entry into the Premises , or portions thereof obtained by Landlord in the manner hereinbefore described shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, into the Premises, or any eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall also have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant, to change the arrangement and/or location of Tenant from any portion entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, parking facilities, loading docks and areas, delivery and pick-up areas or other public parts of the PremisesBuilding and to change the name, number or designation by which the Building is commonly known; provided, however, Landlord agrees that it. No provision of this Lease shall be construed as obligating Landlord to perform will not name the Building or allow any repairs, alterations or decorations except as otherwise expressly agreed identification signs to be performed placed so as to identify the Building as being owned by Landlord hereinany particular competitor of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Zynerba Pharmeceuticals, Inc.), Lease Agreement (Zynerba Pharmeceuticals, Inc.)
ENTRY BY LANDLORD. 13.1 Landlord reserves the right right, and Tenant shall permit Landlord and its designees, to enter the Premises, at all reasonable times and upon following reasonable prior notice delivered to Tenant (except in the case event of an emergency) to , in which circumstance Landlord or its designees may enter the Premises to at any time without prior notice), to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective and tenants; (iii) post notices of nonresponsibilitymake such alterations, improvements, additions and/or repairs as Landlord may deem necessary or as may be required to comply with applicable Laws; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceLandlord in connection with this Lease; (Bv) take possession due to any breach of this Lease in the manner provided herein; and (Cvi) perform any covenants covenant or obligation of Tenant under this Lease which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, rent and may take such reasonable steps as required to accomplish the these stated purposes. Except as otherwise provided in the last sentence of Section 16.1, Tenant hereby waives any claims for damages or for any injuries or inconvenience inconveniences to or interference interferences with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss losses occasioned thereby. For each of the above purposes, Tenant shall insure that Landlord shall at all times have a key keys with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore hereinabove described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Lease Agreement (Smith & Wollensky Restaurant Group Inc), Lease Agreement (New York Restaurant Group Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) business day’s prior notice to Tenant which may be given by telephone or electronic mail (except in the case of an emergencyemergency or with respect to regularly scheduled services) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) provided that it is in accordance with the express provisions of this Lease, alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything Provided that Landlord employs commercially reasonable efforts to minimize interference with the contrary contained conduct of Tenant’s business in this Article 27connection with entries into the Premises, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, creating a default by Landlord and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesPremises and the Base Rent (and any other item of Rent) shall under no circumstances xxxxx while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. No provision of this Lease If Tenant shall not be present when for any reason entry into the Premises shall be construed as obligating necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to perform Tenant’s Property, and without in any repairsmanner affecting this Lease. Tenant shall, alterations at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or decorations except as otherwise expressly agreed other means necessary to be performed by Landlord hereinaccess the Premises.
Appears in 2 contracts
Samples: Lease (Aethlon Medical Inc), Lease (Aethlon Medical Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (during Building Hours with respect to items (i) and (ii) below) and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment; provided, however, except in the event of an emergency, Tenant shall have the option upon at least twelve (12) hours prior notice to Landlord to require Landlord’s entry be delayed by up to seventy-two (72) hours if Tenant deems such delay to be reasonably necessary to avoid disruption of Tenant’s business operations from within the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for (x) emergencies , (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry shall be performed in a manner so as not to unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant’s rights under the terms of Section 6.7 shall apply to Landlord’s entry under the terms of this Article 27 (other than an entry pursuant to the terms of item (B) above), and otherwise (except to the extent of Landlord’s express indemnification obligations under this Lease) Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours’ notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Landlord shall use commercially reasonable efforts to minimize any interference with Xxxxxx’s use of this Lease or access to the Premises in connection with any such entry and shall comply with Tenant’s reasonable security measures, including that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord (except in the event of an Emergency in which case no escort shall be construed required); provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Xxxxxxxx’s entry into the Premises as obligating permitted hereunder. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate from time to time certain reasonable areas of the Premises, which may vary from time to time based upon Tenant’s particular operations in those areas of the Premises, as “Secured Areas” should Tenant require such areas for the purpose of conducting laboratory work or securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord shall only maintain or repair such Secured Areas to perform the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Landlord shall use commercially reasonable efforts to minimize any repairs, alterations interference with Xxxxxx’s use of or decorations except access to the Premises in connection with any such entry and shall comply with Tenant’s reasonable security measures. Landlord shall hold confidential any information regarding Tenant’s business that it may learn as otherwise expressly agreed to be performed by Landlord hereina result of any such entry.
Appears in 2 contracts
Samples: Lease (Septerna, Inc.), Lease (Septerna, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) subject to Applicable Laws, take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises in connection with any entries under this Article 27 (except under item (B), above). Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord’s liability for personal injury and/or property damage to the extent caused by Landlord’s negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”). Tenant need not furnish Landlord with a key, but upon the Lease Expiration Date or earlier expiration or termination of Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Except as expressly provided in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key (or other comparable means) with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of RentRent (except as specifically set forth in Section 19.5 of this Lease), except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
ENTRY BY LANDLORD. Landlord reserves reserves, and shall during normal business hours have, the right at all reasonable times and right, upon reasonable no less than 2 business days’ prior written notice to Tenant (except in the case of an emergency) Tenant, to enter the Premises to (i) inspect them; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, mortgagers or tenants; to current place “For Sale” signs (at any time) or prospective mortgagees, ground or underlying lessors or insurers or, “For Lease” signs (during the last twelve (12) months of the Lease Termterm, or during the period of any default); to prospective tenants; (iii) post notices of nonresponsibility; or (iv) and to alter, improve or repair the Premises and any portion of the Complex, all without abatement of rent; and may erect scaffolding and other necessary structures in or through the BuildingPremises where reasonably required by the character of the work to be performed; provided, or for structural alterationshowever, repairs or improvements that the business of Tenant shall be interfered with to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyleast extent that is reasonably practical. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in an emergency in order to obtain entry to the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and entry to the Premises. Any entry into the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the PremisesPremises or any portion thereof. Notwithstanding the foregoing, Tenant shall not be required to provide Landlord with keys to unlock interior office doors, or to unlock interior areas containing safes, computer servers, or sensitive, proprietary or confidential information of Tenant. Landlord shall also have the right at any time to change the arrangement or location of public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, or shall entitle Tenant from to any portion reduction of rent hereunder and no such changes shall unreasonably interfere with Tenant’s use of or access to the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinPremises leased hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the premises of other tenants in the Building, or the Building, or for structural alterations, repairs repairs, additions or improvements to the Building or the Building’s systems and equipment. Tenant may have a representative of Tenant accompany Landlord during its entries (other than regularly scheduled entries made for the provision of janitorial services, etc.) provided that such representative is made available at the time of such entry and does not interfere with Landlord’s entry onto the Premises in accordance with the terms of this Article 27. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. After reasonable prior notice from Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except unless in the case event of an emergency), Landlord may enter the premises at reasonable hours (which shall be deemed to include all normal business hours) to enter the Premises to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders, insurer or tenants, (c) determine whether Tenant is complying with all its obligations hereunder, (d) supply janitorial service and any other service to current or prospective mortgageesbe provided by Landlord to Tenant hereunder, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility; or , (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (Bf) take possession due to any breach of this Lease in the manner provided herein; and , (Cg) perform any covenants of Tenant which Tenant fails to perform. Landlord may make , and (h) repair, alter or improve the Premises or any such entries without portion of the abatement of RentBuilding, except whether pursuant to Section 40 hereof or as otherwise provided in this Leasefor herein, and may take for such reasonable steps purposes erect, use and maintain scaffolding, pipes, conduits and other structures in and through the Premises where reasonably required by the nature of the work to be performed; provided, however, that all such work shall be done as required promptly as reasonably possible and so as to accomplish cause as little interference with the stated purposesoperation of Xxxxxx’s business as reasonably possible. There shall be no abatement of any Rent by reason of Landlord’s entry of the Premises pursuant to this Section 17 and Tenant hereby waives any claims claim for damages, including but not limited to interference with business, lost profits, and any other incidental or consequential damages or of any sort whatsoever, for any injuries injury or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, or about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry intointo or detainer of the Premises or an eviction, actual or a detainer ofconstructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations alterations, or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (Intersearch Group Inc)
ENTRY BY LANDLORD. 10.01 Landlord reserves may enter the right at all Premises to inspect, show or clean the Premises or to perform or facilitate the performance of repairs, alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable times and upon reasonable prior notice to Tenant of entry (which notice may be telephonic except in the case of an emergencyscheduled, non-emergency repairs or inspections, in which event written notice will be provided) and shall use reasonable efforts to enter minimize any interference with Tenant's use of the Premises, including using reasonable efforts to ensure that Landlord's construction activities (including scaffolding) do not block access to the Premises or Tenant's signage. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to (i) inspect them; (ii) show perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to prospective purchasersan abatement or reduction of Rent. Notwithstanding the foregoing, or if Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to current or prospective mortgagees, ground or underlying lessors or insurers or, receive a per diem abatement of Base Rent during the last twelve (12) months period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of the Lease Termacts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in its maintenance and repair obligations under the Lease.
10.02 Notwithstanding the provisions of Section 10.01 above, Tenant, at its own expense, may provide its own locks to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair an area within the Premises such as vaults and data processing rooms ("Secured Area"). Tenant need not furnish Landlord with a key (unless the fire department requires that a key be furnished for the lock box maintained by Landlord for fire department access, in which event Tenant will furnish to Landlord such key or keys as may be so required, which Landlord will retain in the Building's lock box solely for fire department use), but upon the Termination Date or earlier expiration or termination of Tenant's right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for structural alterations, repairs or improvements Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Building’s systems and equipment. Notwithstanding anything Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the contrary contained in this Article 27Secured Area, Tenant hereby authorizes Landlord may to forcibly enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by TenantSecured Area. In an emergencysuch event, Landlord shall have the right no liability whatsoever to use any means that Landlord may deem proper to open the doors in Tenant, and to the Premises. Any entry into the Premises Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the manner hereinbefore described shall not be deemed to be Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from cleaning in any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinSecured Area.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. In addition, during the last twelve (12) months to the Term, Landlord shall have the right to show the Premises to prospective tenants upon reasonable prior oral or written notice to Tenant. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant regarding repairs to the Premises which Tenant fails to performperform after written notice from Landlord (except that Landlord shall not be required to give prior notice in the event of an emergency). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (Bare Escentuals Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than twenty-four (24) hours notice to Tenant (except in the case of an emergency, in which instance no notice shall be required) to Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants (but only during the last twelve six (126) months of the Lease TermTerm with regard to such potential tenants), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building’s systems and equipmentas Landlord may otherwise reasonably deem necessary. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to (A) Tenant, to perform janitorial or other services required of Landlord, including janitorial service; (B) take possession due Landlord pursuant to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performLease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Subject to Landlord's indemnity of Tenant in Section 10.1 hereof, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article ARTICLE 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (Magnetek Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall not be less than twenty-four (24) hours except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in Section 19.5.2 of this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience Landlord shall use commercially reasonable efforts to or minimize interference with the conduct of Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of 's business in connection with such entries into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. To the extent reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs under this Lease and Tenant shall not have any right to terminate this Lease or xxxxx Rent (except as otherwise provided in Section 19.5.2 of this Lease) or assert a claim of partial or constructive eviction because of any such closure (provided that Landlord shall perform any such repairs outside of normal business hours to the extent reasonably possible). Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours, with notice, to (Aa) perform services required inspect the same, (b) exhibit the same to prospective purchasers, lenders or tenants, except Premises may be shown to prospective tenants only during the last six (6) months of Landlord, including janitorial service; (B) take possession due to any breach the Lease so long as Tenant is not in default of this Lease in the manner provided herein; and Lease, (Cc) perform any covenants of determine whether Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided is complying with all its obligations in this Lease, (d) supply any service which this Lease obligates Landlord to provide to Tenant, (e) post notices of non-responsibility or similar notices, or (f) make repairs required of Landlord under the terms of this Lease or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Business Center; however, all such work will be done as promptly as reasonably possible and may take such reasonable steps so as required to accomplish the stated purposescause as little interference to Tenant as reasonably possible. Tenant hereby by this Article 20.00 waives any claims claim against Landlord, its agents, employees or contractors for damages or for for: any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyexcept as caused by Landlord's negligence or acts. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that which Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Base Rent, Additional Rent, or other charges which this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
ENTRY BY LANDLORD. 20.1 Landlord reserves and its designees may enter the right Leased Premises at all reasonable times and hours upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (iA) inspect them; the same, (iiB) show exhibit the Premises same to prospective purchasers, lenders or to current or prospective mortgageestenants, ground or underlying lessors or insurers or(C) determine whether Tenant is complying with all of its obligations hereunder, during the last twelve (12D) months of the Lease Termfulfill Landlord's obligations under this Lease, to prospective tenants; (iiiE) post notices of nonresponsibility; non-responsibility, and (F) make repairs required of Landlord under the terms hereof or (iv) alterrepairs to any adjoining space or utility services or make repairs, improve alterations or repair the Premises or improvement to any other portion of the Building; provided, or for structural alterationshowever, repairs or improvements to that all such work shall be done as promptly as reasonably possible and any entry shall not unreasonably interfere with Tenant's use and occupancy of the Building or the Building’s systems and equipmentLeased Premises. Notwithstanding anything to the contrary contained in this Article 27Upon Tenant's request, Landlord may enter the Premises at shall make reasonable efforts to arrange for entries to perform work to be made during nonbusiness hours, so long as Tenant agrees to pay any time to (A) perform services required additional costs incurred as a result of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any performing such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, work during non-business hours.
20.2 Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Leased Premises, excluding Tenant’s vaults, safes ; and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and any emergency in order to obtain entry to the Leased Premises. Any , and any entry into to the Leased Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Leased Premises or an eviction, actual or constructive, of Tenant from the Leased Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinhereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall not be less than twenty-four (24) hours except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in Section 19.5.2 of this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience Landlord shall use commercially reasonable efforts to or minimize interference with the conduct of Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of business in connection with such entries into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. To the extent reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs under this Lease and Tenant shall not have any right to terminate this Lease or xxxxx Rent (except as otherwise provided in Section 19.5.2 of this Lease) or assert a claim of partial or constructive eviction because of any such closure (provided that Landlord shall perform any such repairs outside of normal business hours to the extent reasonably possible). Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve six (126) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform recurring services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinherein and as permitted by applicable law; (C) conduct testing for or remove any Hazardous Materials; and (CD) perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize disruption to Tenant's business operations during any such entry and shall comply with Tenant's reasonable security measures in connection with any such entry. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Lease Agreement (TrueCar, Inc.)
ENTRY BY LANDLORD. Subject to the terms of Section 23.2 below, Landlord reserves the right at all reasonable times and upon reasonable at least 48 hours’ advance written notice to Tenant (except no such notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, or ground or underlying lessors or insurers orand, during the last twelve (12) months year of the Lease Term, to prospective tenants; (iii) post reasonable and customary notices of nonresponsibilitynonresponsibility with respect to Xxxxxx’s works of improvement; or and/or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentwhich Landlord is required to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 2723, but subject to Section 23.2 below, Landlord may enter the Premises at any time to to: (A) perform regularly scheduled services required of Landlord, including janitorial service; and (B) take possession due subject to any breach all applicable terms and provisions of this Lease in the manner provided herein; and (C) Lease, perform any covenants of Tenant which Tenant fails to performperform after expiration of applicable notice and cure periods. Landlord may make any Any such entries shall be without the abatement of Rent, Rent (except as otherwise expressly provided in this Lease, Section 6.6 above) and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Subject to Landlord’s indemnity of Tenant in, and the other provisions of, Section 10.1.2 above, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (Intuit Inc)
ENTRY BY LANDLORD. Provided Landlord use commercially reasonable efforts to minimize interference with Tenant’s use and complies with Tenant’s reasonable requirements that Landlord be accompanied by Tenant’s representative, Landlord reserves the right at all reasonable times and upon reasonable 24 hours prior notice to Tenant (except in the case of an emergency, when no prior notice shall be required) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or during the last 12 months of the Term to tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) if permitted or required by terms of this Lease, alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial serviceservice if requested by Tenant; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time reasonable hours upon twenty-four (24) hours prior notice (except (i) in the event of emergency or to provide services pursuant to subsection (Ad) perform services below in which case no notice shall be necessary or (ii) only eight (8)hours prior notice shall be required with respect to exhibiting the Premises to prospective tenants during the last seven (7) months of Landlordthe Term; provided, including janitorial servicehowever, that Tenant shall use reasonable efforts to cooperate with Landlord in the event Landlord provides fewer than eight (8) hours notice) to: (a) inspect the same; (Bb) take possession due exhibit the same to prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all of Tenant's obligations hereunder; (d) supply janitor service and any breach other service to be provided by Landlord to Tenant hereunder, (e) post notice of this Lease in the manner provided hereinnon-responsibility; and (Cf) perform make repairs required of Landlord under the terms hereof or repairs to any covenants adjoining space or utility service or make repairs, alterations or improvements to any other portion of the Building, provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesreasonably possible. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premisesin, on or about Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance) and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building Building, or the Building’s systems and equipmentas Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Article 2723, Landlord may enter the Premises at any time time, without notice to Tenant, to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby Landlord’s entry into the Premises. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable times and upon reasonable following prior notice to Tenant (which notice, except in the case of an emergencyemergencies and except with respect to ordinary services to be provided by Landlord within the Premises, shall be no less than twenty-four (24) hours prior notice), have the right to enter the Premises to (i) inspect them; (ii) show the same, to exhibit the Premises to prospective purchasers, lenders or to current purchasers (or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) ), to post notices of nonresponsibility; or (iv) non-responsibility, and/or to alter, improve or repair the Premises as contemplated by Section 11 2 In the event Tenant fails to perform its obligations under Section 11 1, all without being deemed guilty of or the Building, or liable for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; Landlord’s covenant of quiet enjoyment or any eviction of Tenant, and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rentrent. In exercising such entry rights, except Landlord shall endeavor to minimize, as otherwise provided in this Leasereasonably practicable, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss and shall provide Tenant with reasonable advance written notice of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. such entry (except In an emergency, emergency situations) Landlord shall have the right to use any means that which Landlord may deem proper to open the Tenant’s doors in and an emergency in order to obtain entry to the Premises. Any such entry into (in accordance with the terms hereof) to the Premises obtained by Landlord in the manner hereinbefore described by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof, or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord except, subject to the provisions of Sections 21.1 and 23, to the extent of Landlord’s gross negligence or willful misconduct Except for services (if any) required to be provided by Landlord to the Premises under this Lease and except in the case of emergencies, Landlord’s entry rights are conditioned upon a representative of Tenant (but only to the extent a representative is available) accompanying Landlord during any other entry into the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (with respect to such tenants, only during the last 12 months of the Lease Term), or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of LandlordLandlord (other than as noted in subparagraph (iv) in the preceding sentence), including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein, subject to and in accordance with the provisions of Article 19 hereof; and (C) perform any covenants of Tenant which Tenant fails to perform, subject to and in accordance with the provisions of Article 26.1 hereof. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in this LeaseSection 6.4, above) and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided, however, that nothing contained herein shall waive any liability of Landlord for personal injury and/or property damage resulting from Landlord’s negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may reasonably deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency) emergency or for normal cleaning and maintenance operations), have the right to enter the Premises at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, Alterations thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them; (ii) but Landlord shall have no duty whatsoever to make any such inspections, repairs, Alterations except as otherwise provided in Sections 4.1, 8.1 and 8.2 and Exhibit 2.1), and to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve (12) months preceding expiration of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach term of this Lease in as it may have been extended and at any reasonable time during the manner provided herein; Lease Term to show the Premises to prospective purchasers and (C) perform mortgagees. During any covenants of Tenant which Tenant fails access to perform. the Premises by Landlord may make any such entries without the abatement of Rentor its employees, agents or contractors, except as otherwise provided in this Leasean emergency, and may take such (i) Landlord must give Tenant reasonable steps as required prior notice prior to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of entering the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord (ii) Tenant shall have the right to use accompany Landlord during any means that Landlord may deem proper to open the doors in and to the Premises. Any such entry into the Premises, provided that Tenant makes someone available to Landlord on a reasonable basis, (iii) upon entering the Premises by Landlord shall cause as little inconvenience, annoyance and disturbance to Tenant (and any Tenant Parties) as is reasonably possible under the circumstances and shall comply with all reasonable safety, security and crisis management policies and procedures as may then be in effect with respect to Tenant’s operations in the manner hereinbefore described shall not be deemed Premises (provided Tenant has given Landlord notice of such policies and procedures); and (iv) with respect to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises which is actually occupied by Tenant or any Tenant Parties, any noisy or disruptive work shall be performed after Normal Business Hours. Notwithstanding the foregoing, Tenant may elect, by written notice to Landlord, to designate its server rooms as a “Secure Area” of the Premises. No provision Notwithstanding the foregoing, Tenant may not designate areas as “Secured Areas” if such designation would prohibit Landlord free access to any mechanical or electrical room, or other portion of this Lease the Premises which Landlord deems necessary to enter in connection with the repair, maintenance or operation of Building systems and/or equipment providing services to other tenants in the Building, such as through riser closets or electrical rooms. Landlord and its agents shall not enter said Secure Area unless accompanied by an agent or employee of Tenant, excepting only in the event of an emergency when no such agent or employee shall be construed as obligating required to be present. Upon twenty-four (24) hours prior notice (except in the event of emergencies when no such notice shall be required), Tenant shall permit Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed enter said Secure Area for purposes of performing usual and customary maintenance and repair work. Landlord’s cleaning contractor will not provide cleaning services to be performed by Landlord hereinthe Secure Areas.
Appears in 1 contract
Samples: Lease Agreement (CarGurus, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord reserves and Landlord’s Agents to enter into and upon the right Premises at all reasonable times and times, upon reasonable notice to Tenant (except in the case of an emergency, for which no notice shall be required), subject to Tenant’s reasonable security arrangements and Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requirements, and without material disruption to enter Tenant’s normal business operations in the Premises to (i) inspect them; (ii) show Premises, for the purpose of inspecting the same or showing the Premises to prospective purchaserspurchasers or lenders at any time during the Term or tenants during last 6 months of the Term, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or improve, maintain and repair the Premises or the BuildingBuilding as required or permitted of Landlord under the terms hereof, or for structural alterationsany other reasonable business purpose, repairs or improvements without any rebate of Rent and without any liability to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, Premises thereby occasioned (except for actual damages resulting from the negligence or willful misconduct of Landlord); and any other loss occasioned therebyTenant shall permit Landlord to post notices of non-responsibility and ordinary “for sale” or “for lease” signs. For each of the above purposes, Landlord No such entry shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual eviction or constructive eviction of Tenant from any portion of the Premises. No provision Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary.
(b) The parties agree that neither the Landlord nor its contractors, subcontractors or agents shall need access to, nor shall they use or disclose, any protected health information as defined by the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Part 160 and Subparts A and E of Part 164, as promulgated by the Department of Health and Human Services pursuant to the Administrative Simplification provisions of HIPAA (“PHI”) of Tenant. However, in the event PHI is disclosed by Tenant or its agents to Landlord, its, contractors, subcontractors or agents, regardless as to whether the disclosure is inadvertent or otherwise, Landlord agrees to take reasonable steps to maintain, and to require its contractors, subcontractors and agents to maintain, the privacy and confidentiality of such PHI, to promptly notify Tenant of any access to PHI, and to immediately terminate the access to the PHI. Landlord hereby agrees that, notwithstanding the rights granted to Landlord pursuant under this Lease Lease, except when accompanied by an authorized representative of Tenant or except in the case of an emergency, neither Landlord nor its employees, agents, representatives or contractors shall be construed permitted to enter those areas of the Premises designated by Tenant in writing to Landlord as obligating Landlord to perform any repairslocations where PHI is accessed, alterations disploayed, kept and/or stored or decorations except as otherwise expressly agreed to be performed where such entry is prohibited by Landlord hereinapplicable state or federal health care privacy laws.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or, during the final twelve (12) months of the Lease Term, prospective tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any reasonable time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with such entries into the Premises. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, provided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than one (1) day’s prior notice to Tenant which may be given by telephone or electronic mail (except in the case of an emergencyemergency or with respect to regularly scheduled services) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter shall comply with reasonable and nondiscriminatory requirements of Tenant during any such entry into the Premises at any time intended in good faith to (A) perform services required protect Tenant’s work, business activities and proprietary information. Provided that Landlord employs commercially reasonable efforts to so comply and to minimize interference with the conduct -42- 176640186.8 373606-000050 of LandlordTenant’s business in connection with entries into the Premises, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, creating a default by Landlord and may shall take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any reasonable means that Landlord may deem proper to open the doors in and to the Premises. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to or use of the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, and the Base Rent (and any other item of Rent) shall under no circumstances axxxx while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. No provision of this Lease If Tenant shall not be present when for any reason entry into the Premises shall be construed necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the circumstances to Tenant’s Property, and without in any manner affecting this Lease. Tenant shall, at all times during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises. Landlord further reserves the right to the areas designated as obligating Landlord to perform “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinAlterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
ENTRY BY LANDLORD. 21.01 Landlord reserves may enter the right Premises at all reasonable times and upon after reasonable notice to Tenant and observance of Tenant’s security parameters or procedures, including without limitation identification, sign in and escorting (except in the case event of an a perceived emergency) to enter to: inspect the Premises to (i) inspect themsame; (ii) show exhibit the Premises same to prospective purchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers Mortgagees or, during the last twelve (12) months of the Lease TermTerm or at any time after Landlord’s receipt of a Cancellation Notice, to prospective tenants; (iii) determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, and make repairs or improvements in or to the Building Project or the Building’s systems Premises; provided, however, that all such work shall be done as promptly as reasonably possible and equipmentso as to minimize interference to Tenant. Notwithstanding anything to the contrary contained set forth above, Tenant reserves the right to restrict janitorial access to various portions of the Premises and, in this Article 27such event, Landlord may enter shall have no obligation to provide janitorial services to such portions of the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesPremises. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry, except for claims of gross negligence or willful misconduct by Landlord. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and Landlord shall have the right in a perceived emergency to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed Such entry by Landlord hereinshall not act as a termination of Tenant’s duties under this Lease.
Appears in 1 contract
Samples: Office Lease (McData Corp)
ENTRY BY LANDLORD. (a) Landlord reserves reserves, and shall at any and all times have, the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show supply any service to be provided by Landlord to Tenant hereunder; (iii) present the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantslessees; (iiiiv) post notices of nonresponsibilitynon-responsibility, "For Sales" and "For Lease" signs; or and (ivv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to and any portion of the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries all without the abatement of Rent, except as otherwise provided in and may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, using all reasonable efforts to provide that Tenants's use of the Premises shall not be unreasonably interfered with thereby. As part of the consideration for this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. by such entry, For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in doors, in, upon and about the Premises, excluding Tenant’s vaults's vaults and safes, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency, in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, or an eviction of Tenant from, the PremisesPremises or any portion thereof.
(b) Landlord shall also have the right at any time to change the arrangement or location of or eliminate entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public or common areas of the Building, or change the arrangement and location of or eliminate parking areas, access ways, or landscaped areas of the Property, and to change the name, number or designation by which the Building is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, nor shall it entitle Tenant from to any portion reduction of the Premises. No provision Rent or result in any liability of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinTenant.
Appears in 1 contract
Samples: Commercial Lease (Antivirals Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (and, except in the case of an emergency, upon reasonable notice to Tenant (which need not be in writing) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2728, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform (after applicable notice and cure periods). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business's business and/or lost profits occasioned thereby, lost profitsprovided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by (a) the negligence of Landlord or any Landlord Parties and not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder (provided that, if covered by the insurance required to be carried by Tenant hereunder, then Landlord shall pay a portion of any commercially reasonable deductible in connection therewith equal to the portion of such injury or damage that arises from the negligence of Landlord or any Landlord Parties), or (b) the willful misconduct of Landlord or any Landlord Parties. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises in connection with such entries. In connection with Landlord's entry into the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.by
Appears in 1 contract
Samples: Office Lease (Netgear, Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors lessors, or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 2728, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (CPS Systems Inc)
ENTRY BY LANDLORD. Landlord reserves and its designees shall have the right to enter upon the Premises at all reasonable times hours (and in emergencies at all times) (i) to inspect the same, (ii) to make repairs, additions or alterations to the Premises, the building of which the Premises form a part, or any property owned or controlled by Landlord (and for such purposes erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing the entrance to the Premises shall not be blocked thereby), and (iii) for any lawful purpose. Furthermore, Landlord and its potential and existing lenders, insurers, brokers, purchasers and tenants shall have the right to enter upon the Premises during Tenant’s business hours. If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable notice dispatch, Landlord may make or cause such repairs to be made and shall not be responsible to Tenant for any loss or damage that may accrue to its stock or business by reason thereof, and if Landlord makes or causes such repairs to be made Tenant agrees that it will forthwith, on demand, pay to Landlord the cost thereof with interest at twelve percent (except 12%) per annum. If an excavation shall be made or shall be authorized to be made upon the land adjacent to the Premises or the building in which the case of an emergency) Premises are located, Tenant shall permit all necessary persons to enter the Premises for the purpose of doing such work as Landlord shall deem necessary to (i) inspect them; (ii) show preserve the walls of the building in which the Premises to prospective purchasersare located from injury or damage, and Tenant shall not have any claim against Landlord for damages, indemnification or to current diminution or prospective mortgagees, ground or underlying lessors or insurers or, during abatement of rent. During the last twelve six (126) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this post “For Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to ” signs upon the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoBay Tech Gross Office Lease Dance Biopharm, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.Inc.
Appears in 1 contract
Samples: Office Lease (Dance Biopharm, Inc.)
ENTRY BY LANDLORD. 21.01 Landlord reserves may enter the right Premises at all reasonable times to: inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and upon reasonable notice other services to be provided by Landlord to Tenant (under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Notwithstanding anything to the contrary set forth above, Tenant has designated certain areas of the Premises as “Secured Areas” as shown and depicted on Exhibit I. Landlord may not enter such Secured Areas except in the case of an emergencyemergency or in the event of a Landlord inspection or repair, in which case Landlord shall provide Tenant with two (2) to enter days prior written notice (except in the Premises to (ievent of an emergency in which no notice shall be required) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iii) post notices specific date and time of nonresponsibility; or (iv) alter, improve such Landlord inspection or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required shall be accompanied by a representative of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesTenant. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry, except to the extent caused by the sole negligence or willful misconduct of Landlord or its employees, contractors or agents. For each of the above purposes, Landlord shall at all times have and retain a key or key card with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant’s vaults, safes and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and Landlord shall have the right to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the Premises. No provision Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease Lease. If Landlord shall be construed required to obtain entry by means other than a key or key card provided by Tenant, the cost of such entry shall by payable by Tenant to Landlord as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinadditional rent.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant will permit Landlord reserves and Landlord Parties to enter the right Premises at all reasonable times for the purpose of (a) inspecting the Premises, (b) maintaining the Building or any part thereof, (c) making repairs, alterations or additions to any portion of the Building, including the erection and upon reasonable notice to Tenant maintenance of such scaffolding, canopies, fences and props as may be required therefor, (except in the case d) posting notices of an emergencynon-responsibility for Alterations or repairs, (e) to enter the Premises to (i) inspect them; (ii) show showing the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last twelve nine (129) months of the Lease Term, (f) exercising and performing Landlord’s rights and obligations under this Lease, or (g) placing upon the Building, or any portion thereof, any usual or ordinary “for sale” signs, all without any right of Tenant to an offset against or abatement of Rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Landlord shall have the right, at any time within the final six (6) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair place upon the Premises any usual or the Building, or ordinary “for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentlease” signs. Notwithstanding anything to the contrary contained in this Article 27In exercising such entry rights, Landlord may enter shall endeavor to minimize, as reasonably practicable, the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the PremisesPermitted Use, and any other loss occasioned therebyshall provide Tenant with 24-hour advance telephonic or electronic mail notice of such entry (except in emergency situations, if an Event of Default exists, or in cases of routine maintenance or cleaning, in which cases no notice shall be required). For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to may use any means that which Landlord may deem proper to open the doors in and obtain entry to the PremisesPremises in an emergency. Any entry into to the Premises by Landlord in the manner hereinbefore described shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision , or grounds for any abatement or reduction of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinRent.
Appears in 1 contract
Samples: Office Lease Agreement (JOINT Corp)
ENTRY BY LANDLORD. Subject to the terms of Section 23.2 below, Landlord reserves the right at all reasonable times and upon reasonable at least 48 hours’ advance written notice to Tenant (except no such notice shall be required in the case of an emergencyemergencies) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, or to the ground or underlying lessors or insurers orand, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or and/or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentwhich Landlord is required to perform under this Lease. Notwithstanding anything to the contrary contained in this Article 2723, but subject to Section 23.2 below, Landlord may enter the Premises at any time to (A) perform regularly scheduled services required of LandlordLandlord (such as, including for example, janitorial service; (Bservices) take possession due to any breach of this Lease or in the manner provided herein; and (C) perform any covenants event of Tenant which Tenant fails to performan emergency. Landlord may make any Any such entries shall be without the abatement of Rent, Rent (except as otherwise provided in this Lease, Section 6.6 above) and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Subject to Sections 6.6 and 10.1.2 above, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Notwithstanding anything to the contrary set forth above, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises as a result of Landlord’s exercise of its entry rights under this Lease Article 23. Tenant, at its option, shall have the right to have Tenant’s representative accompany Landlord or Landlord’s representative in Landlord’s entry of the Premises pursuant to this Article 23 (and Tenant shall make such representative readily available for such purposes) and Landlord agrees to comply with any reasonable security measures Tenant may have (except in the event of an emergency, which such compliance shall not be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinrequired).
Appears in 1 contract
Samples: Office Lease (United Online Inc)
ENTRY BY LANDLORD. Landlord reserves Landlord, its agents, employees, and contractors may enter the right Leased Premises at all reasonable times any time in response to an emergency and upon reasonable 24-hour notice from Landlord to Tenant at reasonable hours to:
(except in a) Inspect the case of an emergencyLeased Premises;
(b) to enter Exhibit the Premises to (i) inspect them; (ii) show the Leased Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve tenants;
(12c) months of the Lease Term, to prospective tenants; Determine whether Tenant is complying with all its obligations in this Lease;
(iiid) post Post written notices of nonresponsibilitynon-responsibility or similar notices; or
(e) Make repairs required of Landlord under the terms of this Lease or (iv) altermake repairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to any other portion of the Building or the Building’s systems Leased Premises; however, all such work will be done as promptly as reasonably possible and equipment. Notwithstanding anything so as to the contrary contained in this Article 27, Landlord may enter the Premises at any time cause as little interference to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performas reasonably possible. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Leased Premises (excluding Tenant’s vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Leased Premises in an emergency in order to obtain entry to the Leased Premises, provided that Landlord will promptly repair any damages caused by any forced entry. Any good faith entry into to the Leased Premises by Landlord in the manner hereinbefore described shall accordance with this Section 20 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Leased Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Leased Premises or any portion of the Leased Premises. No provision In exercising any of this Lease Landlord’s rights hereunder, Landlord shall be construed as obligating Landlord use commercially-reasonable efforts to perform minimize any repairs, alterations interference or decorations except as otherwise expressly agreed interruption to be performed by Landlord hereinTenant’s business operations.
Appears in 1 contract
Samples: Sublease Agreement
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times (including during business hours) and upon reasonable 24 hours prior written notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers oror to prospective tenants (provided that unless Tenant is in default beyond applicable notice and cure periods, the showing to prospective tenants shall only be during the last twelve nine (129) months of the Lease Term, to prospective tenants); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease beyond all applicable notice and cure periods in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performperform in accordance with Article 26 above. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Subject to Landlord’s indemnification of Tenant set forth in Section 10.1 above), Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. All such entries shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant1s use and occupancy of or access to the Premises as commercially reasonably possible without any requirement for Landlord to employ after-hours or overtime labor.
Appears in 1 contract
Samples: Office Lease (Life360, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least 24 hours prior notice to Tenant or verbal authorization by Xxxxxx (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to (x) prospective purchasers, (y) prospective tenants during the last six (6) months of the Lease Term, or to (z) current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenantsinsurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s 's systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant Xxxxxx fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Multi Tenant Office Triple Net Lease (Aehr Test Systems)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last twelve nine (129) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, all claims for such damage being hereby released. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Landlord shall have no obligation whatsoever to clean the Premises and shall only maintain or repair the Premises to the extent Landlord is expressly required to maintain or repair such items under this Lease. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. No reentry into or taking of possession of the Premises by Landlord pursuant to this Article 27 shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. No notice from Landlord under this Lease or under a forcible entry and detainer statute or similar law will constitute an election by Landlord to terminate this Lease unless such notice specifically says so. Subject to Article 19, Landlord reserves the right following any such reentry or re-letting, or both, to exercise its right to terminate this Lease by giving Tenant such written notice, and, in that event the Lease will terminate as specified in such notice. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to take possession due to any default of this Lease by Tenant (which continues beyond the expiration of any applicable notice and cure period) in the manner permitted under Applicable Law.
Appears in 1 contract
Samples: Office Lease (TrueCar, Inc.)