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
Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.), Office Lease (Docusign Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than 24 hour 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 's systems and equipmentequipment or (v) perform services required of Landlord hereunder. 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 hereinherein and in compliance with Applicable Laws; and (CB) perform any covenants of Tenant which Tenant fails fails, after notice and a reasonable opportunity to cure, 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. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, 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 4 contracts
Sources: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times 20.1 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 otherwise reasonable hours to:
(Aa) perform services Inspect the Premises;
(b) Exhibit the Premises to prospective purchasers, lenders, or tenants;
(c) Determine whether Tenant is complying with all of its obligations in this Lease;
(d) Supply janitorial service and any other service to be provided by Landlord to Tenant according to this Lease;
(e) Post written notices of nonresponsibility 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 will 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 to performas reasonably possible. Landlord may make any such entries without the abatement of RentTenant, except as otherwise provided in by this LeaseArticle 20, 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 '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 20. 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 '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 shall promptly repair any damages caused by any forced entry. Any entry into to the Premises by Landlord in the manner hereinbefore described accordance with this Article 20 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 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 Monthly 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 4 contracts
Sources: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net 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
Sources: 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; 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
Sources: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at team forty-eight (49) hours prior 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, ground or underlying lessors or insurers mortgagees or, during the last twelve six (126) months of the Lease Term, to prospective tenantstenants of the Premises (so long as prior to such entry, Landlord notifies Tenant of the identity of such parties), or to the 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 Improvements to the Building Building, or the Building’s systems and equipmentas landlord may otherwise reasonably desire or deem reasonably necessary. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any 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, Rent (except as otherwise provided in this Lease, Section 6.5 above) 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. Notwithstanding anything to the contrary set forth in this Article 22, Landlord agrees, absent an emergency, or Landlord's exercise of its rights and remedies under Article 19 of this Lease, to be accompanied by a representative of Tenant but only if such representative is reasonably made available to Landlord at the time Landlord desires to so enter the Premises. In no event will Landlord be liable to Tenant for failing to perform its obligations under this Lease if Landlord's failure to perform any such obligations is the result of Landlord being denied access to the Premises because a representative of Tenant was not available at the time of Landlord's desired entry into the Premises to perform such obligations. 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 In connection with any entries by Landlord pursuant to this Article 22, Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant's permitted use of this Lease the Premises during normal business hours. Tenant may reasonably designate a certain reasonable number of areas within the Premises 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 an emergency or in the event of a Landlord inspection, in which case Landlord shall be construed as obligating provide Tenant with at least forty-eight (48) hours prior written notice. Landlord shall not show the Secured Area to a prospective tender, purchaser or tenant without forty-eight (48) hours prior written notice and without a representative of Tenant being present. Tenant hereby acknowledges and agrees that Landlord shall have no obligation to perform any repairsjanitorial services in such Secured Areas unless Tenant provides Landlord a written request for same and provides Landlord with access to such Secured Areas (by providing Landlord a key or other device, alterations and by scheduling Landlord's entry with an escort or decorations except as otherwise expressly agreed to be performed by Landlord hereinotherwise.
Appears in 3 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education 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, provided that any such alteration, improvement or repair shall not unreasonably interfere with Tenant’s use of or access to the Premises. Tenant shall have the right to have one of its employees accompany Landlord during any such visits. 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 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. 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 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
Sources: Office Lease (Apptio Inc), Office Lease (Apptio 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
Sources: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
ENTRY BY LANDLORD. Landlord reserves and shall at any and all times have the right at all reasonable times and to enter the Premises upon reasonable twenty four (24) hours prior notice to Tenant (except in the case of an emergency, in which case no notice is necessary) to inspect the same, and any other service to be provided by Landlord to Tenant hereunder, including, without limitation, to name the Building and Project and to change the name or street address of the Building or Project to install and maintain all signs on the exterior and interior of the Building and Project, to enter the Premises for the purpose of making inspections, repairs, Alterations, additions or improvements to the Premises or to the Building (i) inspect them; (ii) including, without limitation, checking, calibrating, adjusting or balancing controls and other parts of the HVAC system), and to take all steps as may be necessary or desirable for the safety, protection maintenance or preservation of the Premises or the Building or Landlord's interest therein, or as may be necessary or desirable for the operation or improvement of the Building or in order to comply with laws, orders or requirements of governmental or other authority and 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 Termtenants, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alternon-responsibility, 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 all without being deemed guilty 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 eviction of Tenant which Tenant fails to performwithout abatement of Rental. Landlord may make any may, in order to carry out such entries without purposes, erect scaffolding and other necessary structures where reasonably required by the abatement character of Rentthe work to be performed, except provided that the business of Tenant shall be interfered with as otherwise provided in this Lease, and may take such reasonable steps little as required to accomplish the stated purposesis reasonably practicable. 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 therebyin, upon and about the Premises. 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 's 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 which Landlord may deem deemed 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 the unlawful entry into, or a detainer of, into the Premises, or an actual or constructive eviction of Tenant from form 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 by Landlord hereinpaid by Tenant.
Appears in 2 contracts
Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group 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 upon reasonable notice to Tenant of at least 24 hours (which may be oral) (except no notice will be required in the case of an emergencyemergencies and for regularly scheduled maintenance or janitorial services) to the 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 lessors, or, during the last twelve nine (129) months of the Lease Term, to prospective tenants; (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 (without notice) to (A) perform janitorial services required of Landlord, including janitorial serviceor other similar daily/weekly type services; (B) take possession due to any breach of this Lease in the manner provided hereinherein and in accordance with Applicable Law; and (C) perform any covenants of Tenant which Tenant fails to performperform after the expiration of any applicable notice and cure period. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in Section 19.6 of this Lease, ) 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 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
Sources: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
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
Sources: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
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
Sources: 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 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 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 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 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
Sources: Office Lease (Exact Sciences Corp), Sublease Agreement (Exact Sciences Corp)
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
Sources: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma 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
Sources: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, 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
Sources: Office Lease (Appdynamics Inc), Office Lease (Appdynamics 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
Sources: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, 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 its agents, employees and independent contractors may enter the Premises to at reasonable hours upon prior written notice (ibut not less than one (1) Business Day) to: (a) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers lenders or, during the last twelve (12) months of the Lease Term, tenants, (c) determine whether Tenant is complying with all of Tenant's obligations hereunder, (d) supply janitorial service and any other services to prospective tenants; be provided by Landlord to Tenant hereunder, if any, (iiie) post notices of nonresponsibility; non-responsibility, and (f) make repairs required of Landlord under the terms hereof or, to the extent necessary, repairs to any adjoining space or (iv) alterutility service or make repairs, improve alterations or repair the Premises or improvements to any other portion of the Building, or for structural alterationsprovided, repairs or improvements however, that all such work shall be done as promptly as possible and so as to cause as little interference with Tenant as reasonably possible and damage to the Building or the BuildingPremises and Tenant’s systems and equipmentproperty, which may include scheduling such access after business hours. Notwithstanding anything Landlord acknowledges that it is necessary for Tenant to control access to the contrary contained Premises in this Article 27order to protect its privacy and security. Accordingly, unless in the case of an emergency endangering property or personal injury, and after using reasonable efforts to contact T▇▇▇▇▇, while on the Premises, Landlord may enter and its representatives, at Tenant’s option, shall be accompanied by a representative of Tenant and shall comply with reasonable directions of such representative. Landlord shall promptly repair any damage caused by Landlord or Landlord’s agents in 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 during 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 purposesentry. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s T▇▇▇▇▇'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, on or about the Premises, Premises (excluding Tenant’s 's vaults, safes safes, labs and special security similar areas designated in writing by Tenant in advance by Tenant. In an emergency, or clearly designated as restricted or limited access); 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 endangering property or personal injury in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described of any said means, or otherwise, shall not 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 thereof, except for any negligence or willful misconduct of the Premises. No provision Landlord or any agent or contractor of Landlord in connection with any such entry under 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 hereinSection 21.
Appears in 2 contracts
Sources: Lease Agreement (In8bio, Inc.), Lease Agreement (In8bio, 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
Sources: 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 (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
Sources: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics 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
Sources: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable advance written notice to Tenant (except in the case of an emergencywhich shall be no less than twenty-four hours’ prior notice) to enter the Premises to (i) inspect them; (ii) show and provide tours of the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during insurers; to prospective tenants in the last twelve (12) months of the Lease Term, to prospective tenants; Term (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; or (v) during the last twelve (12) months of the Lease Term, show the Premises to prospective tenants. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time without notice to (A) perform regularly recurring services required of Landlord, including janitorial serviceservice or to make repairs or respond to requests made by Tenant, or to make repairs affecting other tenants or Building Systems; (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 have expired. Notwithstanding anything herein to the contrary, Landlord’s entry rights shall be subject to the following: (a) finishing any work for which it entered, and promptly repairing any damage caused to the Premises by Landlord or anyone accessing the Premises under this Section; (b) complying with all of Tenant’s reasonable security and safety regulations, and if Tenant so elects, Landlord shall be accompanied by a representative of Tenant during any such entry; and (C) Landlord shall not interfere with or adversely affect Tenant’s use of, or access to, the Premises. 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 Landlord has complied with 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 of the Premises, and any other loss occasioned thereby, except as otherwise provided 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 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, 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
Sources: Office Lease (Figma, Inc.), Office Lease (Figma, 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
Sources: 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
Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash 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
Sources: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)
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
Sources: Office Lease (Anaptysbio Inc), Office Lease (Anaptysbio 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 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, additions or improvements 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, additions or improvements except as otherwise provided in Sections 4.1, 7.1 and 7. 2 and Exhibit B), 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 term of this Lease Term, as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alterpurchasers and mortgagees. In addition, 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 27upon reasonable prior written notice, Landlord may and its agents may, at Landlord’s sole cost and expense, enter the Premises to perform environmental audits, environmental site investigations and environmental site assessments (“Site Assessments”) in, on, under and 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 it being understood that Landlord shall repair any other loss occasioned thereby. For each damage arising as a result of the above purposesSite Assessments, and such Site Assessments. In connection with the exercise of the foregoing rights of access, Landlord shall at all times have permit a key representative or agent of Tenant to accompany Landlord in connection 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 such entry into the Premises by Landlord Premises; provided, however, in the manner hereinbefore described shall not be deemed to be case of emergency Landlord will notify Tenant of the need for such access so that a forcible representative or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction agent of Tenant from any portion may accompany Landlord if such representative or agent of Tenant is available within a reasonable time frame taking into account the circumstances and context 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 hereinemergency situation.
Appears in 2 contracts
Sources: Lease Agreement (Decibel Therapeutics, Inc.), Lease Agreement (Decibel 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 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
Sources: 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
Sources: Lease Agreement (Limoneira CO), Lease Agreement (Calavo Growers 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
Sources: 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 (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
Sources: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems 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 (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, 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 (ii) and (iii) 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 6.4, 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.. ▇▇▇▇▇▇ REALTY 571981.06AVLA ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ K4064-066/6-8-04/pjr/pjr -48-[STMicroelectronics, Inc.]
Appears in 1 contract
Sources: Sublease Agreement (Affymetrix 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 ten (1210) months of the Lease Term, to prospective tenants; (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 '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, including, without limitation, 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 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except with respect to direct damages to property or persons (i.e., not including any lost profits, speculative or consequential damages) to the extent caused by the negligence or willful misconduct of Landlord or any Landlord Parties in connection with entry by Landlord or any Landlord Parties into the Premises pursuant hereto. 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 may, upon reasonable 24 hours notice to Tenant (Tenant, except ----------------- in the case of an emergency) to , enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserspurchasers 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 tenants; (iiid) post notices of nonresponsibility; or non-responsibility, and (ive) alter, improve or repair the Premises or any portion of the BuildingReal Property. In connection with any such alteration, improvement 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 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall Tenant's rent ▇▇▇▇▇ as a result of any time such entry or work; provided, however, that all such work shall be done in such a manner as to (A) perform services required cause as little interference to Tenant as reasonably possible. Except in the event of Landlord's gross negligence or willful misconduct, including janitorial service; (B) take possession due Landlord shall not be liable in any manner for any inconvenience, loss of business or other damage to any breach Tenant or other persons arising out of this Lease in Landlord's entry on 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 Premises as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesParagraph 23. 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 retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction 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 1 contract
Sources: Lease Agreement (Natus Medical Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least one (1) business day 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. Tenant shall be entitled to have an employee or representative of Tenant accompany the person(s) entering the Premises on behalf of Landlord, provided that Tenant makes such person available at the time Landlord or such other party reasonably desires to enter the Premises, upon at least one (1) business day notice to Tenant; and further provided that if Tenant does not make an employee or representative available and if Landlord elects not to proceed with such entry, then Landlord shall not be deemed to be in breach of any obligations under this Lease the performance of which would require Landlord's entry into 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. 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
Sources: Office Lease (Wageworks, 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 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 (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, 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 (ii) and (iii) 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 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 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 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 1 contract
Sources: Office Lease (Memec 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 provided that no such notice shall be required in the case event of an emergencyemergency or to provide regularly scheduled services) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageesground lessors, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease TermTerm (as may be extended), to prospective tenants; (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 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 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 '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 '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
Sources: Office Lease (Sierra Oncology, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, purchasers or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property. In connection with any such alteration, improvement 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 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any time to (A) perform services required of Landlordliability whatsoever, including janitorial service; (B) take possession due but not limited 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 liability for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy business or quiet enjoyment of the Premisesprofits by Tenant; provided, and any other loss occasioned therebyhowever, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding Tenant’s vaults, safes except ▇▇▇▇▇▇'s vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction 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 1 contract
Sources: Office Lease (Ask Jeeves Inc)
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 six (126) 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 service; (B) take possession due to any a breach of this Lease as provided in the manner provided hereinARTICLE 19; and (C) during normal business hours, upon forty-eight (48) hours prior notice, 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. 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. Notwithstanding anything to the contrary contained in this ARTICLE 27, until such systems have been relocated in accordance with the provisions of SECTIONS 1.5 AND 5.5, above, Landlord may enter the Premises at any time, upon oral notice to Tenant, to access the Project security system, fire alarm (if any), and energy management systems located in Building 2.
Appears in 1 contract
Sources: Office Lease (3com Corp)
ENTRY BY LANDLORD. Landlord reserves may enter the right Premises at all reasonable times and upon reasonable hours with notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect themthe Premises; (iib) show exhibit the Premises to prospective purchasers, lenders, 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; (iiic) determine whether Tenant is complying with all obligations under this Lease; (d) and 24 hour notice to Tenant to supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility; and (f) make repairs or (iv) alterperform maintenance required of Landlord by this Lease, improve make repairs to any adjoining space or repair the Premises or the Buildingutility services, or for structural make repairs, alterations, repairs or improvements to the Building or any other portion of the Building. However, all this work shall be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord’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 undertakings in the manner provided herein; and (C) perform any covenants of previous sentence, 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 damage claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any business or loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises caused by Landlord’s entry. For each of the above purposes, At all times Landlord shall at all times have a key with which to unlock all the doors in on the Premises, excluding Tenant’s vaults, safes safes, and special security similar areas designated as secure areas in advance writing by TenantTenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord may deem deems proper to open the Tenant’s doors in and to enter the Premises. Any entry into Entry to the Premises by Landlord in the manner hereinbefore described an emergency shall not be deemed to be construed as a forcible or unlawful entry intoentry, or a detainer of, the Premisesdetainer, or an actual or constructive eviction of Tenant. Notwithstanding the foregoing, Landlord shall provide Tenant from any portion of with 24 hours notice prior to entering the Premises. No provision , except in the event of this Lease shall be construed as obligating an emergency, Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinmay enter the Premises without providing such notice.
Appears in 1 contract
ENTRY BY LANDLORD. Subject to the provisions of this Lease, and provided Landlord uses commercially reasonable efforts to minimize any interference with Tenant's business, Landlord reserves the right during the hours 9:00 A.M. to 5:00 P.M., Monday through Friday (other than a holiday) or at all reasonable other times when Tenant is open for business and upon reasonable notice to the Tenant (except or in the case of an emergencyemergency upon such notice as is reasonable under the circumstances, including such attempts as may be reasonable under the circumstances to reach Tenant by telephone) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last (provided that such right shall not extend to prospective tenants until twelve (12) months of prior to the Lease Term, to prospective tenantsExpiration Date); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentLandlord Maintenance Items. Notwithstanding anything to the contrary contained in this Article 27, and subject to the notice requirements set forth in Section 19.1.2, above, and Landlord's compliance with the terms of
Section 26.1, 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 Except as otherwise expressly provided in this Lease, any such entries shall be without the abatement of Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims (not including claims for physical property damages (subject to Section 10.4 hereof) or personal injury damages) for any injuries or inconvenience to or interference with Tenant’s business, 's business or 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 in good ▇▇▇▇▇ ▇▇▇▇ proper to open the doors in and to the Premises. Any Subject to the provisions of 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. No Notwithstanding the foregoing, as reasonably necessary in connection with Tenant's business use of the Premises, Tenant may designate certain secure areas, and on prior written notice to Landlord of these areas, Tenant may deny Landlord access to such areas except in an emergency or when Landlord is accompanied by Tenant. Subject to the provisions of this Lease, 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
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times times, and with reasonable frequency, upon reasonable notice to Tenant (except the Tenant, and in the case compliance with all other terms of an emergency) this Lease, 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 initial Lease Term (or Option Term, as applicable), to prospective tenants; (iii) post notices of nonresponsibility; 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 falls to perform. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided in this Lease, herein) 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 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 with minimum of one (1) hour notice to (Aa) perform services inspect the same, (b) 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 other service to be provided by landlord to Tenant hereunder, (e) post notices of non responsibility and (f) make repairs required of Landlord, including janitorial service; (B) take possession due Landlord under the terms hereof or repairs to any breach adjoining space or utility service or make repairs, alterations, or improvements to any other portion of this Lease in the manner provided herein; and (C) perform any covenants of Building, provided, however, that all such work shall be done as promptly as 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 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 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, 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 thereof. The Tenant is hereby granted the right of twenty-four (24) hour access to the Premises. No provision Tenant is hereby granted the right to change or install lock (a) on the interior door(s) of this Lease the Premises and at the end of the Term Tenant shall be construed as obligating Landlord surrender the keys to perform any repairs, alterations or decorations except as otherwise expressly agreed such locks to be performed by Landlord hereinLandlord.
Appears in 1 contract
Sources: Sublease (Microsoft Corp)
ENTRY BY LANDLORD. Upon at least one (1) business day's notice, ----------------- Tenant agrees to permit Landlord reserves and authorized representatives of Landlord to enter upon the right Demised Premises at all reasonable times during ordinary business hours (or at other times, and upon such notice as is reasonable notice under the circumstances, in bona fide emergency situations) for the purpose of inspecting the same and making any necessary repairs to Tenant (except in the case comply with any laws, ordinances, rules, regulations or requirements of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasersany public body, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months Board of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingFire Underwriters, or for structural alterations, repairs or improvements any similar body. Nothing herein contained shall imply any duty upon the part of Landlord 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 do any such entries without the abatement work which, under any provision of Rent, except as otherwise provided in this Lease, and Tenant may take such reasonable steps as be required to accomplish perform and the stated purposesperformance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Tenant hereby waives Landlord agrees to use reasonable good faith efforts to minimize any claims for damages interference or for any injuries or inconvenience to or interference with disruption of Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment 's use of the Demised Premises, and any other loss occasioned thereby. For each of the above purposesHowever, Landlord shall at all times have a key with which not in any event be liable for inconvenience, annoyance, disturbance, loss of business or other damage to unlock all Tenant by reason of making repairs or the doors performance of any work in or about the Demised Premises, excluding Tenant’s vaultsor on account of bringing material, safes supplies and special security areas designated equipment into, upon or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not be thereby affected in advance by Tenant. In an emergencyany manner whatsoever, Landlord except that Rent shall have the right to use any means that Landlord may deem proper to open the doors in and equitably ▇▇▇▇▇ to the extent that Landlord's activities materially interfere with Tenant's use of such portion of the Demised Premises. Any Tenant may require that a representative of Tenant accompany Landlord or its agents on their entry into the Demised Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible under this Section 22.1 or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesSection 22.2. 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, mortgagees or tenants (but only within the last 9 months with respect to 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 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. Except as otherwise 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. Except to the extent caused by the gross negligence or willful misconduct of any Landlord Parties, 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. a. Landlord reserves 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 from time to (i) time:
i. To inspect them; (its conditions.
ii) show . To determine whether Tenant is complying with all provisions of this Lease.
iii. To submit 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 Term, to prospective tenants; (iii) .
iv. To post notices of nonresponsibility; non-responsibility.
v. During the ninety (90) days prior to Lease termination or (iv) alterupon default by Tenant, improve or repair to post a sign notifying the public that the Premises or the Buildingare available for leasing.
vi. To maintain, repair, or for structural alterations, repairs make alterations or improvements to the Premises and any portion of the Building or the Building’s systems Property that Landlord may deem necessary or desirable and equipment. Notwithstanding anything doing such other things to the contrary contained Premises, Building, or Property as may become necessary or advisable in this Article 27Landlord’s sole discretion.
b. When possible, as determined in Landlord’s sole discretion, Landlord shall give Tenant 24 hours advance notice of Landlord’s intent to enter the Premises and may post such notice on the door to the Premises or deliver such notice in any other form or manner.
c. If Tenant fails to maintain the Premises in a clean and orderly fashion consistent with the use and appearance of the Building or fails to maintain or repair any condition for which Tenant holds the obligation of maintenance or repair, then upon written notice and at Tenant’s expense beyond any applicable cure period for Tenant to correct the condition cited as unacceptable, Landlord may enter the Premises to rectify the condition and to restore the Premises to the condition, use and appearance that existed at the time this Lease was executed.
d. Landlord shall have the right to use any time and all means which Landlord may deem proper to (A) perform services required open the doors of Landlordthe Premises in an emergency, including janitorial service; (B) take possession due in order to obtain entry to the Premises, without liability to Tenant, and Landlord shall notify Tenant’s representative of the emergency entry as soon as practicable thereafter.
e. Landlord has the right under this Section to enter the Premises without any interference from Tenant. Any entry to the Premises obtained by Landlord shall not under any circumstances be construed or deemed to be forcible or unlawful entry into, or a detainer of, the Premises or an eviction of Tenant from the Premises or any portion thereof. With respect to any breach of entry into or upon the Premises by Landlord under 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 RentSection, 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 abatement of rent, any injuries other damages, any injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned thereby. For each by such entry.
f. In the event of the above purposesLandlord’s entry, Landlord shall at all times have a key with which not be liable for the consequences of admitting by passkey or refusing to unlock all the doors in the Premisesadmit Tenant or its agents, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have employees or other persons claiming the right of admittance. Tenant, its employees or those having business with Tenant may be required to use any means that identify themselves or show passes in order to gain access to the Premises or Building. Landlord may deem proper regulate access 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 Building elevators, rooftops, electrical 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.mechanical rooms.
Appears in 1 contract
Sources: 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) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or, during the last nine (9) months of the Lease Term, to 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 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 hereinherein and subject to applicable law; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize, to the extent practicable, disruption to Tenant’s business operations at the Premises resulting from any such entries. 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 1 contract
Sources: Office Lease (Cotherix Inc)
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) , where no such notice shall be required), have the right to enter the Premises at all reasonable times (at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements 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, additions or improvements except as otherwise provided in Sections 4.4, 7.1 and 7.2 and Exhibit B), 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 twenty-four (1224) months preceding expiration of the term of this Lease Term, as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair purchasers and mortgagees. If Landlord’s access to the Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the BuildingPremises, or then, except in case of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to make a representative available during mutually convenient times for structural alterationssuch purposes). To the extent possible under the circumstances, Landlord shall schedule non-emergency access to and repairs or improvements and maintenance within the Premises outside of normal business hours. In connection with all repairs and maintenance performed by Landlord within the Premises pursuant to this Section 16.19, Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. In the event Tenant sends a notice alleging an emergency with respect to the Building existence of a dangerous or the Buildingunsafe condition, any requirements for prior notice or limitations on Landlord’s systems and equipment. Notwithstanding anything access to the contrary Premises contained in this Article 27, Lease shall be deemed waived by Tenant so that Landlord may enter the Premises at any time immediately exercise its rights under this Section 16.19 and Section 16.17 in such manner as Landlord deems necessary in its sole discretion to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease remedy such dangerous or unsafe condition. Except 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 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 use commercially reasonable efforts to minimize any interference with ▇▇▇▇▇▇’s operations and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into occupancy of the Premises in connection with the exercise of any of the foregoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord hereunder. Landlord shall comply with all Legal Requirements in connection with 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 exercise 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 hereinforegoing rights.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable twenty-four (24) hours prior notice to Tenant (except that no notice shall be required in the case of an emergencyemergency or regularly scheduled service (such as janitorial)) 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 or serve notices of nonresponsibilitynonresponsibility for mechanics’ lien purposes; 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 pursuant to the Building’s systems terms and equipmentconditions of the Lease. 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; or (D) to address an emergency. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Leaseshall not be deemed an unlawful entry, or an actual or constructive eviction, 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 In the above purposesevent Landlord enters the Premises to perform any work or repair, Landlord shall at all times have a key use commercially reasonable efforts to cause minimal interference with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes use and special security areas designated in advance shall repair any damage caused 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 performance of such work 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 hereinLandlord.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice (of not less than 48 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, 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 Tenant, in emergency situations (Aprovided that notice of such entry shall be given after the fact as soon as reasonably practical) and/or to perform janitorial or other services required of LandlordLandlord pursuant to this Lease. In an emergency, including janitorial service; (B) take possession due to Landlord shall have the right, by any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. means that Landlord may make any deem proper, to open the doors in and to the Premises. 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 that Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use. 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 843078.08/SD374622-00033/8-4-16/MLT/dek -41- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] 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
Sources: Lease (Achaogen Inc)
ENTRY BY LANDLORD. Subject to the provisions of this Lease, and provided Landlord uses commercially reasonable efforts to minimize any interference with Tenant's business, Landlord reserves the right at all reasonable times and upon reasonable at least forty-eight (48) hours prior notice to the Tenant (except or in the case of an emergencyemergency upon such notice as is reasonable under the circumstances) to enter the Premises to (ia) inspect them; (iib) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants, ground or underlying underling lessors or insurers or, during the last (provided that such right shall not extend to prospective tenants until twelve (12) months of prior to the Lease Term, to prospective tenantsExpiration Date); (iiic) post notices of nonresponsibility; or (ivd) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with Laws, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipmentLandlord Repair Items. Notwithstanding anything to the contrary contained in this Article 27, and subject to the notice requirements set forth in Section 19.1.2, above, and Landlord's compliance with the terms of Section 26.1, 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 Except as otherwise expressly provided in this Lease, any such entries shall be without the abatement of Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims (not including claims for physical property damages or personal injury damages) for any injuries or inconvenience to or interference with Tenant’s business, 's business or 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 reasonably deem proper to open the doors in and to the Premises. Any Subject to the provisions of 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. No Notwithstanding the foregoing, as reasonably necessary in connection with Tenant's business use of the Premises, Tenant may designate certain secure areas, and on prior written notice to Landlord of these areas, Tenant may deny Landlord access to such areas except in an emergency or when Landlord is accompanied by Tenant. Subject to the provisions of this Lease, 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. Subject to Tenant's reasonable security requirements, Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (except in the case of an emergencyemergency in which case 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 nine (9) months of the Lease Term, to 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 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, following any applicable notice and cure period set forth herein. 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. 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. Notwithstanding anything to the contrary contained herein, in connection with any entry into the Premises by Landlord pursuant to this Article 27, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of, and access to, the Premises.
Appears in 1 contract
Sources: Office Lease (Schuler Homes Inc)
ENTRY BY LANDLORD. Landlord reserves may enter the right Premises at all reasonable times and upon reasonable hours with notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect themthe Premises; (iib) show exhibit the Premises to prospective purchasers, lenders, 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; (iiic) determine whether Tenant is complying with all obligations under this Lease; (d) supply janitorial service and any other services to be provided by Landlord under this Lease; (c) post notices of nonresponsibility; and (f) make repairs or (iv) alterperform maintenance required of Landlord by this Lease, improve make repairs to any adjoining space or repair the Premises or the Buildingutility services, or for structural make repairs, alterations, repairs or improvements to the Building or any other portion of the Building’s systems . However, all this work shall be done as promptly as reasonably possible and equipmentcause as little interference to Tenant as reasonably possible. Notwithstanding anything Subject 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 's undertakings in the manner provided herein; and (C) perform any covenants of previous sentence, 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 damage claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any 's business or loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises caused by Landlord's entry. For each of the above purposes, At all times Landlord shall at all times have a key with which to unlock all the doors in on the Premises, excluding Tenant’s 's vaults, safes and special security similar areas designated as secure areas in advance writing by TenantTenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord may deem deems proper to open the Tenant's doors in and to enter the Premises. Any entry into Entry to the Premises by Landlord in the manner hereinbefore described an emergency shall not be deemed to be construed as a forcible or unlawful entry intoentry, or a detainer of, the Premisesdetainer, 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 hereinTenant.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Infoseek Corp /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 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, 21.01 Landlord may enter the Premises at any time all reasonable times to, provided that Landlord is accompanied by a bank representative or employee (except to (A) perform provide janitorial services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease the Premises or in the manner event of an emergency): 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 other services to be provided hereinby Landlord to Tenant under this Lease; post notices of non-responsibility; and (C) perform any covenants of 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 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 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. 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 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 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
Sources: Office Lease (Wilshire Bancorp Inc)
ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to advance notice, enter the Premises to (ia) for reasonable cause, inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers, lenders or to current or prospective mortgagees, ground or underlying lessors or insurers orpurchasers and, during the last twelve final fifteen (1215) months of the Lease Termterm, to prospective tenants; , (iiid) post notices of nonresponsibility; or non-responsibility, and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property. In connection with any such alteration, improvement 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 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any time to (A) perform services required of Landlordliability whatsoever, including janitorial service; (B) take possession due but not limited to any breach liability for consequential damages or loss of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to performbusiness or profits by Tenant. Landlord may make any shall use good faith efforts to cause all such entries work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesincurring additional expense. 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 retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction 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 1 contract
Sources: Office Lease (Zscaler, Inc.)
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 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. In connection with the foregoing entries described in (i)-(iv), (x) employees of Landlord will sign in and wear a badge provided by Tenant, and (y) Tenant shall be permitted the opportunity to cause a representative of Tenant to accompany Landlord during any such entry (except in the case of emergency), provided that such representative of Tenant does not unreasonably interfere with or delay Landlord exercising its rights or satisfying its obligations hereunder (collectively, the “Access Requirements”). 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 serviceservice and access control personnel responding to calls/requests; (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. In connection with the foregoing entries described in (A)-(C), employees of Landlord shall not be required to comply with the Access Requirements. 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. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with such entries into 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.. 811311.04/WLA 378421-00002/2-14-20/mem/mem -56- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ [Akero Therapeutics, Inc.]
Appears in 1 contract
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
Sources: Office Lease (United Online Inc)
ENTRY BY LANDLORD. That it shall be lawful for the Landlord reserves the right and its agent(s) at all reasonable times and upon reasonable notice to Tenant (except in during the case of an emergency) Term to enter the Leased Premises to (i) inspect them; (ii) show the Premises condition thereof. Where an inspection reveals that repairs or replacements are necessary pursuant to prospective purchasersthe requirements of Paragraph
9.05.1 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, acting reasonably so as to complete same within the time or times provided for in the notice delivered by the Landlord as aforesaid. 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 reasonably satisfaction of the Landlord as required pursuant to the provisions of Paragraph 9.05 hereof or in accordance with any notice received from the Landlord pursuant to the provisions of this paragraph 9.06 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 (15%) percent thereof for overhead, as additional rent. The Tenant agrees that the Building making of any repairs or replacements by the Building’s systems and equipment. Notwithstanding anything Landlord pursuant to the contrary this Paragraph 9.06 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 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 at all reasonable times and upon reasonable prior notice to Tenant of one (1) business day (except in the case of an emergencyemergency in which case no notice shall be required) to Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants (with respect to current or prospective mortgageestenants, ground or underlying lessors or insurers or, only during the last twelve nine (129) months of the Lease Term), 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 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. Except to the extent caused by the gross negligence or willful misconduct of any Landlord Party, 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 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than forty-eight (48) hours prior written notice to Tenant (except in the case of an emergency, in which case prior notice shall not be required) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants (for tenants, ground or underlying lessors or insurers or, only during the last twelve six (126) months of the Lease Term), 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 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) in emergency situations and/or (B) to perform janitorial or other recurring 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, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, except for emergencies, Landlord shall use commercially reasonable efforts to perform any such entry in an expeditious manner so as to minimize interference with Tenant’s use of the Premises. Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 22 with Tenant (except entries under items (A) and (B) set forth above, and/or in the event of emergency) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord (but Landlord shall not have any obligation to wait for such Tenant representative to the extent the same is not reasonably available). Even in an emergency situation, Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s business operations. Except as otherwise provided in the 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; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. 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 addition, notwithstanding anything to the contrary set forth in this Article 22, Tenant may designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property. In connection with the foregoing, Landlord shall be construed not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as obligating Landlord a Secured Area and shall only maintain or repair such Secured Area to perform any repairsthe extent (i) such repair or maintenance is required in order to maintain and repair the Building; (ii) required by Applicable Laws, alterations or decorations except as otherwise expressly agreed (iii) in response to be performed specific requests by Landlord hereinTenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlords’ reasonable approval.
Appears in 1 contract
Sources: Office Lease (Legalzoom Com Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable not less than forty-eight (48) 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 investors, 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 or 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 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. 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. With respect to any entry onto the Premises made by Landlord in accordance with the terms of this Section 27.1, Tenant shall have the right to have a representative of Tenant accompany Landlord within the Premises, provided that such representative is made available at the time of Landlord’s entrance onto the Premises, and provided that such representative does not unreasonably interfere with Landlord. 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
Sources: Office Lease (FIGS, 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 themthem during normal business hours; (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 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 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 27Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including Landlord during normal business hours (except for janitorial service; (B) take possession due to any breach of this Lease in the manner provided hereinservice which shall be performed after normal business hours); and (CB) 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, 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 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 Tenant may, subject to Landlord’s prior approval, designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall be construed as obligating specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to perform Tenant in the event of an emergency, in which case Landlord Warner Center III\Health Net\JS\December 22, 2003 shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to any repairs, alterations or decorations such Secured Areas except as otherwise expressly agreed to be performed by Landlord hereinthe extent Tenant authorizes and permits access thereto for such purposes.
Appears in 1 contract
Sources: Office Lease (Health Net Inc)
ENTRY BY LANDLORD. Landlord reserves may enter the right Premises at all reasonable times and upon reasonable hours with notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect themthe Premises; (iib) show exhibit 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 lenders tenants; (iiic) determine whether Tenant is complying with all obligations under this Lease; (d) supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility; and (f) make repairs or (iv) alterperform maintenance required of Landlord by this Lease, improve make repairs to any adjoining space or repair the Premises or the Buildingutility services, or for structural make repairs, alterations, repairs or improvements to the Building or any other portion of the Building’s systems . However, all this work shall be done as promptly as reasonably possible and equipmentcause as little interference to Tenant as reasonably possible. Notwithstanding anything Subject 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 's undertakings in the manner provided herein; and (C) perform any covenants of previous sentence, 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 damage claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any 's business or loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises caused by Landlord's entry. For each of the above purposes, At all times Landlord shall at all times have a key with which to unlock all the doors in on the Premises, excluding Tenant’s 's vaults, safes safes, and special security similar areas designated as secure areas in advance writing by TenantTenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord may deem deems proper to open the Tenant's doors in and to enter the Premises. Any entry into Entry to the Premises by Landlord in the manner hereinbefore described an emergency shall not be deemed to be construed as a forcible or unlawful entry intoentry, or a detainer of, the Premisesdetainer, 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 hereinTenant.
Appears in 1 contract
Sources: Office Lease (Individual Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior 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 nine (129) months of the Lease TermTerm (or Option Terms, as applicable), 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, but subject to the last two (2) sentences of 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 (CB) 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 expressly provided in Section 19.6.2 of this Lease, 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 PremisesPremises so long as Landlord timely repairs any damage caused thereby. 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 contained in this Article 27, and upon notice to Landlord, Tenant may designate certain areas of this Lease the Premises as "SECURED AREAS" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may only enter such Secured Areas upon two (2) business days' notice to Tenant which notice shall be construed as obligating specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to perform any repairsTenant in the event of an emergency, alterations or decorations except as otherwise expressly agreed to be performed by in which case Landlord hereinshall provide Tenant with notice of such entry promptly thereafter.
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
Sources: Single Tenant Industrial Lease (Imcor Pharmaceutical Co)
ENTRY BY LANDLORD. Landlord reserves or its agents may enter the right Premises at reasonable hours to exhibit same to prospective purchasers or tenants, to inspect the Premises to see that Tenant is complying with all reasonable times of its obligations hereunder, and upon reasonable notice to Tenant make repairs, improvements, alterations or additions which Landlord shall deem necessary for the safety, preservation or improvement of the Premises or for compliance with applicable laws; provided, however, that (i) Landlord shall, except in the case of an emergency) to enter , afford Tenant reasonable prior notification of any entry into the Premises to (i) inspect them; (ii) show the Premises extent reasonably practical under the circumstances and, to prospective purchasersthe extent reasonably practical under the circumstances, permit a representative of Tenant to accompany Landlord or its agents, employees, 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 independent contractors while such parties are 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, (ii) Landlord shall at all times have a key use reasonable efforts not to materially interfere 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 's operations within the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful connection with any such entry intoand performance of any such repairs, 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 repairsadditions, alterations or decorations improvements. Tenant agrees to provide Landlord with entry to the Premises including a key permitting such entry for purposes of accomplishing the foregoing. Landlord shall be allowed to take all material into and upon the Premises that may be required to make such repairs, improvements, alterations or additions for the benefit of Tenant without in any way being deemed or held guilty of an eviction of Tenant, and the Base Monthly Rental, Additional Rent and other charges hereunder shall in no wise a▇▇▇▇ while said repairs, improvements, alterations or additions are being made, except as to the extent otherwise expressly agreed provided in Paragraphs 17 and 18 below. All such repairs, improvements, alterations and additions shall be done during ordinary business hours, or, if any such work is at the request of Tenant to be performed by Landlord hereindone during any other hours, Tenant shall pay for all overtime costs.
Appears in 1 contract
Sources: Lease Agreement (Armitec Inc)
ENTRY BY LANDLORD. Section 16.01. Landlord reserves the right at all reasonable times and may, upon reasonable twenty-four (24) hours prior notice to Tenant (except or at any time in the case of an emergency) to ), enter the Premises at reasonable hours 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 its obligations hereunder, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility; , and (e) make repairs required of 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 any other portion of the Building Real Property; provided, h however, that all such work or the Building’s systems entry shall 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 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 If Tenant's use of the above purposesPremises for the permitted uses is materially interrupted during any Landlord entry as a result of the active negligence or willful misconduct of Landlord for a period in excess of five (5) consecutive days, Landlord shall at all times have a key with which then, to unlock all the doors extent Tenant, in fact, does not use the Premises, excluding Tenant’s vaults, safes Monthly Base Rent shall equitably ▇▇▇▇▇ to the extent of such interference commencing on the sixth (6th) day and special security areas designated in advance by Tenantcontinuing until such interruption is discontinued. In an emergency, Landlord shall have the right to use any and all reasonable means that Landlord may deem proper as warranted by the nature of the emergency to open any of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated in and writing by Tenant in advance) 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 such 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 Premises, or any portion thereof.
Section 16.02. Landlord shall have the right from time to time to alter the Premises and, 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 Premises and to change the name, number or designation by which the Premises are commonly known, provided any such change does not (a) unreasonably reduce, interfere with or deprive Tenant from any portion of access to the Premises or (b) reduce the area (except by a de minimus amount) 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
Sources: Lease Agreement (Valley Media 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 tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or(but as to prospective tenants, only during the last twelve (12) months of the Lease Term, to prospective tenantsTerm unless Tenant is in Default under this Lease); (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, Landlord shall enter the Premises only after normal business hours to the extent reasonably practicable in connection with the foregoing. 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 such entries shall be performed by Landlord as expeditiously as reasonably possible and in a manner so as to minimize any claims for damages or for any injuries or inconvenience to or interference with the conduct of 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. 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. 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. Tenant may designate certain 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 Building Structure and/or the Building Systems; (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.
Appears in 1 contract
Sources: Office Lease (Navarre Corp /Mn/)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and its employees, agents and contractors to enter the right at Premises and all reasonable times and parts thereof upon reasonable not less than twenty-four (24) hours’ notice, which may be oral (or without notice to Tenant (except in the case of an emergency) at all reasonable times, subject to enter Tenant’s reasonable security requirements, for any of the Premises to following purposes: (i) to inspect themthe Premises; (ii) to maintain the Premises; (iii) to make such repairs to the Premises as Landlord is obligated or may reasonably elect to make; (iv) to make repairs, alterations or additions to any other portion of the Building; (v) 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 Term, ; (vi) to show the Premises to prospective tenantslenders or purchasers of the Building; and (iiivii) to post notices of nonresponsibility; or (iv) alterprovided, improve or repair the Premises or the Buildinghowever, or for structural alterations, repairs or improvements that any such entry shall be accomplished reasonably expeditiously and in a manner so as to the Building or the Building’s systems cause reasonably little interference to Tenant 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 performshall be performed after business hours if reasonably practical. 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, Premises occasioned by such right of entry by Landlord. Landlord acknowledges 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 agrees that Tenant may require that Landlord may deem proper to open the doors in and to the Premises. Any be accompanied by an employee of Tenant during any such entry into the Premises by Landlord; provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord’s entry into the Premises as permitted hereunder. Even in emergency situations, Landlord shall use commercially reasonable efforts (with commercially reasonable meaning 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 circumstances of the Premises. No provision of this Lease shall be construed as obligating Landlord emergency) to perform minimize any repairs, alterations or decorations except as otherwise expressly agreed disruption to be performed by Landlord hereinTenant’s business operations.
Appears in 1 contract
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 mortgageesLandlord 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 extent contemplated by the Building’s systems and equipmentTCCs of this Lease, if any. 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 any applicable notice and cure period in the manner provided herein; and (CB) in accordance with Article 26 above, 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. Except as otherwise set forth in Section 19.6 of this Lease, 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. Notwithstanding any provision to the contrary set forth in this Article 27, Tenant may designate certain 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 shall only maintain or repair such Secured Areas to the extent (i) required by Applicable Law, or (ii) 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 1 contract
ENTRY BY LANDLORD. 13.1 Landlord reserves and its agents 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 escorted by an employee or representative of Tenant, at all reasonable times, upon prior verbal notice to (i) inspect them; (ii) show Tenant as set forth below for the Premises to prospective purchasers, purpose of examining or to current or prospective mortgagees, ground or underlying lessors or insurers or, during inspecting 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 Premisessame, and any other loss occasioned thereby. For each services to be provided by Landlord to Tenant hereunder, to show the same to prospective bona fide purchasers, lenders, investors or tenants of the above purposesBuilding (collectively, “Prospect Visits”), and to make such alterations, repairs, improvements or additions, whether structural or otherwise, to the Premises or to the Building as Landlord may deem necessary or desirable. Tenant shall at all times have reasonably cooperate with Landlord to permit such access and provide an escort. Notices for entry shall be given to an officer or supervisor of Tenant, as set forth on a key with which written list delivered by Tenant to unlock all Landlord. Notwithstanding the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyabove, Landlord shall have the right (but not the obligation) to use any means enter unescorted and without notice for janitorial services (if not supplied by Tenant) or if Landlord reasonably believes that there exists an emergency. Landlord may deem proper enter by means of a master key without liability to open Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Landlord shall use reasonable efforts to give Tenant not less than 48 hours prior notice of Prospect Visits and will coordinate such entry with Tenant so as to not interfere with any of Tenant’s film production including delaying or scheduling of such visits after business hours if reasonably requested by ▇▇▇▇▇▇. If such Prospect Visits exceed ten (10) per calendar year then Landlord will pay to Tenant for each additional visit during such calendar year a visitation fee equal to $50.00 per hour for each additional Prospect Visit during 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 intoapplicable calendar year, or a detainer of, the Premises, or an actual or constructive eviction prorata for any partial hour 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 hereinvisitation.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, or to current or prospective mortgagees, ground or underlying lessors or insurers purchasers or, during the last twelve one (121) months year of the Lease Termthen current term of this Lease, to prospective tenants; , (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property; provided, or for structural alterationshowever, repairs that Landlord shall not make any alterations or improvements to the Building Premises or the Building’s systems storefront windows of the Retail Premises that materially affect Tenant's use and equipment. Notwithstanding anything occupancy thereof except to the contrary contained extent reasonably required in this Article 27connection with Landlord's maintenance and repair of the Real Property or to the extent an emergency and/or Legal Requirements require otherwise, Landlord may enter the Premises at as reasonably determined by Landlord. In connection with any time to (A) perform services required of Landlordsuch alteration, 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 performimprovement or repair. Landlord may make any erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entries without the entry or work entitle Tenant to an abatement of Rent, rent (except as otherwise provided in this LeaseParagraph 17.e. above), constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such wor▇ ▇▇ ▇e done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense, and may take Landlord shall perform any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such reasonable steps procedures would be generally followed by managers of other first class office buildings the San Francisco financial district (except to the extent an emergency and/or Legal Requirements require otherwise, as reasonably determined by Landlord). Landlord shall pay the cost of any additional janitorial services to the Premises required by reason of Landlord's entry or work pursuant 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 Premisesthis Paragraph 23, and Landlord shall perform any other loss occasioned therebyrepair work to the Premises required pursuant to Paragraph l0.b. For each above by reason of the above purposes, such entry or work. Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate a▇▇▇▇▇ to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction 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 1 contract
Sources: Office Lease (Sharper Image Corp)
ENTRY BY LANDLORD. Landlord reserves the right may, at any and all reasonable times times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency necessitates an immediate entry or prior to Tenant (except in the case of an emergency) entry to provide routine janitorial services), enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserslenders, purchasers or to current or prospective mortgageestenants, ground or underlying lessors or insurers or, during the last twelve (12) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility; or , and (ive) alter, improve or repair the Premises or any other portion of the BuildingReal Property. In connection with any such alteration, improvement 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 27repair, Landlord may enter erect in the Premises at or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any time to (A) perform services required of Landlordliability whatsoever, including janitorial service; (B) take possession due but not limited 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 liability for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy business or quiet enjoyment of the Premisesprofits by Tenant; provided, and any other loss occasioned therebyhowever, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premisesthereof. 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.26
Appears in 1 contract
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. 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 (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 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 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 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 1 contract
Sources: Office Lease and Settlement Agreement (Peregrine Systems 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, provided any alterations, construction, or repairs are completed expeditiously and provided Landlord uses commercially reasonable efforts to minimize interference with Tenant's use of 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 LeaseSection 19.5, 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, (iii) repairs which are the obligation of Tenant hereunder, and (iv) the taking of possession of the Premises due to any breach of this Lease, 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. 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
Sources: Lease (Cytori Therapeutics, 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 ▇▇▇▇▇▇ (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 ▇▇▇▇▇▇ 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 1 contract
Sources: Multi Tenant Office Triple Net Lease (Aehr Test Systems)
ENTRY BY LANDLORD. 19.1. Landlord reserves may enter the right Building at all reasonable times and upon reasonable notice to Tenant to: (except in the case of an emergency) to enter the Premises to (iA) inspect themthe same; (iiB) show exhibit the Premises same 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 tenants; (iiiC) determine whether Tenant is complying with all of its obligations under this; (D) supply janitorial and other services to be provided by Landlord to Tenant under this Lease; (E) 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 servicenon- responsibility; (B) take possession due to any breach of this Lease in the manner provided herein; and (CF) perform any covenants of Tenant which Tenant fails to perform. Landlord may perform pursuant to Section 14.5; and (G) make any repairs or improvements in or to the Building or its systems and equipment or the Building; provided, however, that all such entries without the abatement of Rent, except work shall be done as otherwise provided in this Lease, 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 waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with Tenantwith, ▇▇▇▇▇▇’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Building 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, on or about the Premises, Building (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 Building, and any entry into to the Premises Building 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, Building or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the PremisesBuilding. 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 provided by Tenant, the cost of such entry shall be payable by Tenant to Landlord as obligating additional rent.
19.2. If, during the last month of the Lease Term, Tenant has removed all or substantially all of Tenant’s property from the Building, Landlord may, with prior notice to perform any repairsTenant, alterations immediately enter the Building and alter, renovate and decorate the same, without liability to Tenant and without reducing or decorations except as otherwise expressly agreed to be performed by Landlord hereinaffecting Tenant’s covenants and obligations under this Lease.
Appears in 1 contract
Sources: Office Lease Agreement
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 (12) months year of the Lease Term, to prospective tenants; (iii) post reasonable and customary notices of nonresponsibility; 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 perform. Landlord may make any Any such entries shall be without the abatement of Rent, Rent (except as otherwise expressly provided in this Lease, Section 6.5 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 Section 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 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
Sources: Office Lease (United Online 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 orinsurers, during the last twelve (12) months of the Lease Term, to 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 systems and equipment. Notwithstanding anything to the contrary contained in this Article 2726, 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 (other than personal injury and property damage to the extent caused by Landlord’s 37 LAKESHORE TOWERS BUILDING III [Quality Systems, Inc.] negligence or willful misconduct in connection with an entry by Landlord into the Premises) 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
Sources: Office Lease (Quality Systems Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (except in the case of an emergency) to enter the Premises during normal business hours (except in the case of an emergency) 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 nonresponsibilitynon-responsibility; or (iv) altermake such alterations, improve improvements, additions or repair repairs to all or any portion of the Premises Premises, the Base Building, the Base Building systems or the BuildingProject as Landlord deem reasonably necessary, or for structural alterationsas Landlord may be required to perform under applicable laws, repairs or improvements by any governmental or quasi-governmental authority, or by court order or decree. Landlord shall comply and cause its agents, employees and invitees to comply with all reasonable security and safety protocols and measures Tenant may institute from time to time when accessing the Building or the Building’s systems and equipmentPremises. 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 may elect to have a representative of Tenant present during any such access to accompany Landlord, its agents and invitees (provided that Tenant shall use commercially reasonable efforts to ensure that a representative is available within three (3) business days following ▇▇▇▇▇▇▇▇’s request therefor). 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 that Landlord hereby agrees to use commercially reasonable efforts to minimize interference with the conduct of ▇▇▇▇▇▇’s business in connection with entries into 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. 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; provided, that the Secure Area does not block access to base building systems or other areas of the Building to which Landlord requires regular access. 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. 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
Sources: Lease (Immunome 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 orinsurers, during the last twelve (12) months of the Lease Term, to 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 systems and equipment. Notwithstanding anything to the contrary contained in this Article 2726, 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 (other than personal injury and property damage to the extent caused by Landlord’s negligence or willful misconduct in connection with an entry by Landlord into the Premises) 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
Sources: Office Lease (Quality Systems Inc)
ENTRY BY LANDLORD. Landlord reserves the right and its employees and agents shall at all reasonable times and upon with reasonable advance written notice to (which shall be at least 24 hours), and in the presence of Tenant (or Tenant's representatives except in the case of an emergency"EMERGENCY", which for purposes of this Lease means situations in which there is an imminent threat to persons and/or property within the Building) have the right to enter the Premises to (i) inspect them; (ii) show the same, to exhibit the Premises to prospective lenders, purchasers, or and 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) non-responsibility, and/or to alter, improve or repair the Premises as contemplated by Section 12.3, 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 without abatement of Tenant which Tenant fails to performrent. Landlord may make any shall exercise its rights under this Section in such entries without a manner as to minimize the abatement imposition on Tenant's business, and shall provide Tenant with reasonable advance written notice of Rentsuch entry, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesan Emergency. 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 means, which Landlord may deem proper reasonably proper, to open the Tenant's 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 an Emergency 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 an account of any such entry by Landlord except subject to the Premises. No provision provisions of this Lease Sections 32.7 and 24 to the extent of Landlord's negligence or willful misconduct in which case Landlord's liability (if any) shall be construed as obligating Landlord limited to perform any repairs, alterations the extent such damages or decorations except as otherwise expressly agreed losses are not covered by insurance carried by Tenant or required to be performed carried by Landlord hereinTenant hereunder.
Appears in 1 contract
Sources: Lease (Ufp Technologies Inc)
ENTRY BY LANDLORD. (A) Landlord reserves reserves, and shall at all times have, the right at all reasonable times and upon reasonable prior notice to Tenant (except in the case event of an emergencyemergency or in connection with the repair or maintenance obligations of Landlord hereunder) to enter the Premises (excluding secure areas reasonably designated in advance in writing by Tenant) for the following purposes: to (i) inspect them; to show the Premises to prospective purchasers or mortgagees or during the last twenty-four (ii24) months of the Lease Term to prospective tenants; to post notices of nonresponsibility; and to alter, improve or repair the Premises and any portion of the Building as permitted or provided hereunder, all without abatement of Rental; and may erect scaffolding and other necessary structures in or through the Premises or the Building where reasonably required by the character of the work to be performed; provided, however, that any such entrance or work shall not unreasonably interfere with Tenant's use of the Premises. If Landlord desires to show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors tenants, Landlord's notice shall identify the prospective purchaser, mortgagee 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 purposestenant. 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 therebyby such entry, except for damage to property or injuries to persons to the extent caused by the gross negligence or willful misconduct of Landlord and not covered by the insurance required to be carried by Tenant hereunder or except to the extent such waiver is prohibited by law, provided that in no event shall Landlord be liable for any consequential damages or for any injury or damage to or interference with Tenant's business, including, but not limited to, loss of profits or other revenues or loss of business opportunity. For each of the above foregoing purposes, Landlord shall at all times have and retain a key and/or other access device with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in writing by Tenant in advance and approved by Tenant. In an emergency, Landlord); 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 into, into or a detainer of, of the Premises, or any portion thereof.
(B) At such time, if at all, as the Building shall become a multi-tenant building, Landlord shall have the right to change the arrangement or location or times of access of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building, 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 Rental hereunder 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
Sources: Office Lease (Cnet Networks Inc)
ENTRY BY LANDLORD. 19.1. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to its designees may enter the Demised Premises at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply janitor service and any other services 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; , 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 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’s systems and equipment; provided, however, that all such work shall be done as promptly as reasonably possible. Notwithstanding anything Where circumstances reasonably permit prior notice to the contrary contained in this Article 27be given of any such entry by Landlord, Landlord may enter shall give such notice as shall be reasonable under the Premises at any time circumstances, but shall not be liable or responsible to (A) perform services required Tenant for the 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 such entries without entry which is delayed or obstructed by Tenant. In so entering upon the abatement of RentDemised Premises, except as otherwise provided in this Lease, and may Landlord shall take such reasonable steps as required under the circumstances to accomplish not unreasonably disrupt or interfere with Tenant's occupancy and quiet enjoyment of the stated purposesDemised Premises. 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 Demised Premises or any other loss occasioned therebyby such entry, other than (i) caused by Landlord's gross negligence or (ii) for the costs of repairing or restoring the Demised Premises as a direct result of actual damage to the Demised Premises, beyond reasonable wear and tear, caused by Landlord's entry and which Landlord does not repair or restore within a reasonable time thereafter.
19.2. 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, Demised 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 any emergency in order to obtain entry to the Demised Premises. Any , and any entry into to the Demised 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 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.the
Appears in 1 contract
Sources: Lease (National Techteam Inc /De/)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable at least twenty-four (24) hours prior notice (which may be given verbally) 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 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; (C) show the lobby of the Premises to any of Landlord’s invitees or prospective tenants; and (CD) 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 hereby waives hereunder, any claims for damages or for any injuries or inconvenience such entry shall be performed in a manner so as not to or interference unreasonably interfere with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment use of the Premises, Premises and any other loss occasioned therebyshall be performed after normal business hours if reasonably practical. For each of the above purposesWith respect to items (y) and (z) above, Landlord shall at all times have a key use commercially reasonable efforts to not materially interfere with which to unlock all the doors in Tenant’s use of, or access 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 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 will exercise its rights pursuant to this Article 27 in a manner so as to minimize any unreasonable interference with Tenant’s use of 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 by Landlord’s entry into the Premises.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (which shall be at least 24 hours except in the case of an emergency) to enter the Premises (and Tenant shall have the right to accompany any such entry) 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 Tenant shall have the right to designate certain areas of this Lease the Premises as "Secured Areas" (not to exceed 1,500 square feet of space) should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall be construed as obligating not enter any Secured Areas except in the event of an emergency, or otherwise in connection with a specific request by Tenant. In connection with any such entry, Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to will comply with Tenant’s reasonable safety and security requirements. Any such entries shall be performed by Landlord hereinas expeditiously as reasonably possible and in a manner so as to minimize any interference with the conduct of Tenant’s business.
Appears in 1 contract
Sources: Lease (Compugen LTD)
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
Sources: Office Lease (Netgear, Inc)
ENTRY BY LANDLORD. Landlord reserves and its employees and agents will at all times have the right to enter the Building as reasonably necessary to provide the janitorial services pursuant to Exhibit "D" attached hereto (such service shall be scheduled for outside of Normal Building Hours - "NORMAL BUILDING HOURS" for the Building shall be 7:00 AM to 6:00 PM, Pacific Time, Monday through Friday; and 8:00 AM to 1:00 PM Saturdays) and, upon at all reasonable times and upon reasonable least forty-eight (48) hours' prior written notice to Tenant (except in the case cases of an emergency) to enter the Premises Tenant, to (i) inspect them; the Premises, perform maintenance, repairs and other obligations required to be performed by Landlord under this Lease, (ii) show the Premises to prospective purchaserspurchasers and prospective lenders and/or, or to current or prospective mortgagees, ground or underlying lessors or insurers or, (iii) during the last twelve nine (129) months of the Lease Termterm only, show the Premises to prospective tenants; . In exercising such entry rights, Landlord will use commercially reasonable efforts to minimize, as reasonably practicable, the interference with Tenant's business, and will provide Tenant with reasonable advance notice of any such entry (iiiexcept in emergency situations). Landlord, in exercising its rights under this Lease, (i) post notices of nonresponsibility; or (iv) alter, improve or repair shall not interfere with access to the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems Tenant's use 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 purposesParking Areas and/or the Exterior Areas, Landlord (ii) shall at all times in no event have a key with which access to unlock all the doors Tenant's designated secure area except in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In case of an emergency, Landlord and (iii) shall have the right to use repair, restore and redecorate any means that Landlord may deem proper to open the doors in and damage to the PremisesPremises caused by or at the direction of Landlord in exercising such rights. Any entry into Prior notice is not required for Landlord to inspect the Premises by Landlord in outside 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 hereinBuilding.
Appears in 1 contract
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; provided, however, that during the first three (3) months of such period in which Landlord may enter the Premises to show the same to prospective tenants, Landlord's entries for such purpose shall be limited to three (3) per month unless otherwise agreed to by Tenant; (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 emergencies, any such entry shall be performed in a commercially reasonable 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. Except as otherwise set forth in Section 3.3, 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
Sources: Office Lease (Anacomp 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; 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 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. *** Confidential portions of this document have been redacted and filed separately with the Commission.
Appears in 1 contract
ENTRY BY LANDLORD. In addition to the access rights provided under Section 3.1 of the Work Letter, Landlord reserves the right at all reasonable times and upon reasonable no less than 24 hours notice to Tenant (except in the case event of an emergency, in which case reasonable notice shall be provided) to the 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, during tenants (but only within the last twelve eight (12) 8) months of the Lease Term, to for prospective tenants), or to the 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, provided Landlord’s entry does not unreasonably interfere with Tenant’s use of the Building’s systems and equipmentPremises. Notwithstanding anything to the contrary contained in this Article 2727 or Section 3.1 of the Work Letter, 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 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 1 contract
Sources: Lease Agreement (Buy Com Inc)
ENTRY BY LANDLORD. Landlord reserves the right and shall at any and all reasonable times and upon reasonable at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) and during normal business hours (except in the case of an emergency) have the right to enter the Premises to (i) supply any service to be provided by Landlord to Tenant hereunder, to inspect them; (ii) the same, to show the Premises to prospective purchasers, lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, investors and during the last twelve (12) months of the Lease Term, Term or following a default by Tenant to prospective tenants; (iii) , to post notices of nonresponsibility; or (iv) non-responsibility, to alter, improve or repair the Premises or any other portion of the BuildingBuildings and/or the Project, as provided in Section 2.4 above, or for structural alterationsany other reasonable purpose, 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 all without being deemed guilty 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 eviction of Tenant which Tenant fails to perform. Landlord may make any such entries and without the abatement of Rent. Landlord may, except 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 the business of Tenant shall be interfered with as otherwise provided in this Lease, and may take such reasonable steps little as required to accomplish the stated purposesis reasonably practicable. 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 Buildings or the Project on account of Landlord’s entry or work permitted by this Article 18 or by Section 2.4 above, except to the extent caused by Landlord’s gross negligence or willful misconduct; provided, however, that in no event shall Landlord be liable for consequential damages or lost profits. For each of Without limiting the above purposesforegoing, Landlord shall use commercially reasonable efforts to minimize any disruption or interference to ▇▇▇▇▇▇’s business during such entry. 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 herein▇▇▇▇▇▇.
Appears in 1 contract
Sources: Lease Agreement (Maravai Lifesciences Holdings, 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 or insurers or, (during the last twelve nine (129) months of the Lease TermTerm only) tenants, 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 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 or (D) to address an emergency. 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 Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize interference with ▇▇▇▇▇▇’s use of and access to the Premises when exercising its rights under 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 hereinArticle 27.
Appears in 1 contract
Sources: Office Lease (Movano 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) upon twenty-four (24) hour prior written notice, 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, Building or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, with Tenant’s prior approval if Tenant is the only tenant of the Building (not to be unreasonably withheld, conditioned or delayed), provided, however, that Tenant’s approval shall not be required if an uncured default by Tenant then exists, or such alterations, improvements or repairs are required to cause the Building to be in compliance with insurance requirements or governmental laws, codes, rules or regulations or are required to permit Landlord to comply with its repair and maintenance obligations under this Lease, or an emergency exists, in which cases Tenant’s prior approval shall not be required. 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 1 contract
Sources: Office Lease (Arthrocare Corp)
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 orinsurers, during the last twelve (12) months of the Lease Term, to 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 2726, 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 (other than personal injury and property damage to the extent caused by Landlord's negligence or willful misconduct in connection with an entry by Landlord into the Premises) 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
Sources: Office Lease (Quality Systems 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. Except with respect to clause (B), above, 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, 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; 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