ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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.
Appears in 1 contract
Samples: Office Lease (Serena Software Inc)
ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasersby giving Tenant 24 hours written notice, mortgagees or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except except in the event of an emergencyemergency in which event no notice shall be required, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into to: (a) inspect the Premises. If ; (b) exhibit the same to prospective purchasers, lenders or tenants; (c) determine whether Tenant fails is complying with all of its obligations hereunder; (d) provide janitorial service and any other service to be provided by Landlord to Tenant hereunder; (e) post notices of non-responsibility; and (f) make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services repairs required of Landlord pursuant under the terms hereof or make repairs to this Lease. Any such entries shall be without any adjoining space or utility services (including checking, adjusting, calibrating or balancing the abatement of Rent and shall include the right HVAC system) or make repairs, alterations or improvements to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use other portion of the Premises given the circumstances of Landlord’s entryBuilding. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each by such entry, provided that Landlord takes reasonable steps to minimize the interference with Tenant’s use and enjoyment of the above purposes, Premises. 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, excluding Premises (including Tenant’s vaults, safes and special security similar areas designated agreed upon in advance writing by TenantTenant and Landlord). In an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper appropriate to open the such doors in and an emergency in order to obtain entry to the Premises. Any , and no entry into to the Premises in the manner hereinbefore described obtained by Landlord by any of such means shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof.
Appears in 1 contract
Samples: Office Lease (Jaguar Health, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in the case of an emergency) to enter the Premises to: to (i) inspect themthem during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or, or ground or underlying lessors or during the last twelve nine (129) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22Section 19.13, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to this Leaseperform. Any Landlord may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord that any such entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize any cause as little interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryto 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 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. Tenant may, subject to Landlord’s prior approval, 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. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to Tenant in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to any such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposes.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and right, upon reasonable 24 hours’ prior notice to Tenant (not less than twenty-four hours noticeexcept no such notice shall be required in the case of emergency), except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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. Notwithstanding anything to the contrary in this Article 22 to the contrary, (A) Landlord agrees to use commercially reasonable efforts (except in an emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry permitted under this Article 22, and (B) absent an emergency, or Landlord’s entry to perform its obligations under this Lease, Landlord shall use commercially reasonable efforts to schedule any construction work to be performed in the Premises after the business hours set forth in Section 6.1.1 above.
Appears in 1 contract
ENTRY BY LANDLORD. Provided Landlord reserves the right gives Tenant at all reasonable times and upon reasonable least 24 hours advance notice to Tenant (not less than twenty-four hours notice, except in an case of emergency) of its desire to enter the Premises, and permits a representative of Tenant to accompany Landlord or its agents, contractors, and other entities entitled to enter the Premises to: (i) inspect them; (ii) show pursuant to this Xxxxxxxxx 00, Xxxxxxxx reserves and shall at any and all times have the right to enter the Premises to prospective purchasers, mortgagees or, during inspect the last twelve (12) months of the Lease Termsame, to supply janitorial services and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) non responsibility, to alter, improve or repair the Premises or any portion of the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements Complex (but only to the Buildingextent required by law), or as Landlord may otherwise reasonably desire or deem necessary. Except in the event all without being deemed guilty of an emergency, eviction of Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of and without Landlord’s entryInitials: Tenant’s Initials: abatement of rent, then and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, provided that the business of the Tenant shall be deemed to have waived its right to accompany Landlord in connection interfered with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entrylittle as is 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, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the 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 enter without notice and use any and all means that which Landlord may deem proper to open the doors said door in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises in the manner hereinbefore described obtained by Landlord 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, and any damages caused on account thereof shall be paid by Tenant. It is understood and agreed that no provision of the Premisesthis 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.
Appears in 1 contract
Samples: Office Lease (Eidos PLC)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in the case of an emergency) to enter the Premises to: to (i) inspect themthem during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or, or ground or underlying lessors or during the last twelve nine (129) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22Section 19.13, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants of Tenant which Xxxxxx fails to this Leaseperform. Any Landlord may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord that any such entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize any cause as little interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryto Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to 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. Tenant may, subject to Landlord’s prior approval, 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. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall specify the date and time of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to 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 such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposes.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four which shall be a minimum of 24 hours notice, prior notice except in the case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees oror to current or prospective mortgagees, ground or underlying lessors or insurers, or (during the last twelve (12) 9 months of the Lease Term, Term as such Lease Term may be extended) to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entrysystems and equipment. Notwithstanding anything to the contrary contained in this Article 2226, Landlord may enter the Premises at any time, without time during Business Hours and upon reasonable prior notice (other than regularly scheduled janitorial service which shall not require prior notice) to Tenant, in emergency situations and/or to (A) perform janitorial or 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 pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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. Notwithstanding anything contained in this Article 26, Tenant may require that Landlord be accompanied by a representative of Tenant for any such entry into the Premises other than for regularly scheduled janitorial service. 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 in this Lease.
Appears in 1 contract
Samples: Office Lease (Epicor Software Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect themthe Premises; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) subject to Article 19, take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform beyond applicable notice and cure periods. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 Premisesenjoyment, 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 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.
Appears in 1 contract
Samples: Lease (Athira Pharma, Inc.)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord’s Agents to enter into and upon the right Premises at all reasonable times and times, upon reasonable notice to Tenant (of not less than twenty-four (24) hours notice, (except in the case of an emergency) , for which no notice shall be required), and subject to enter Tenant’s reasonable security arrangements, for the Premises to: (i) inspect them; (ii) show purpose of inspecting the same or showing the Premises to prospective purchasers, mortgagees lenders or, during the last twelve (12) months of the Lease TermTerm (unless in connection with Landlord’s recapture of the Premises or a portion thereof, in which case Landlord may show the Premises or such applicable portion thereof at any time upon at least twenty-four (24) hours notice), to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or improve, maintain and repair the Premises or the Building if necessary to comply with current building codes as required or other applicable lawspermitted of Landlord under the terms hereof, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any timeother business purpose, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement any rebate of Rent and shall include the right without any liability to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the PremisesPremises thereby occasioned (except for actual damages resulting from the gross negligence or willful misconduct of Landlord); and Tenant shall permit Landlord to post notices of non-responsibility and ordinary “for sale” or, and any other loss occasioned thereby. For each during the last eighteen (18) months of the above purposesTerm (unless in connection with Landlord’s recapture of the Premises or a portion thereof, Landlord shall at all times have a key with in 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 case Landlord may deem proper to open the doors in and to the Premisespost such signage immediately upon notice of such recapture) “for lease” signs. Any No such entry into the Premises in the manner hereinbefore described shall not be deemed construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual eviction or constructive eviction of Tenant from any portion of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary.
Appears in 1 contract
Samples: Lease Agreement (OMNICELL, Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not which shall be no less than twenty-four hours noticeone (1) business day in advance, 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, or (during the last twelve (12) months of the Lease Term, to ) tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsApplicable Laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (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 after any applicable notice and cure period. Landlord pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided. Subject to the other provisions of this Lease, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 exercising its rights under this Article 27, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s operations in the Premises. 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.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice right, subject to Tenant (not less than twenty-four hours noticethe provisions below, except in an emergency) to enter the Premises to: during normal business hours to (a) inspect the Premises (including to perform routine periodic inspections for compliance with environmental, public health and safety standards), (b) determine whether Tenant is performing Tenant's obligations hereunder, (c) supply any service to be provided by Landlord, or (d) post notices of non - responsibility, provided that any such entry shall be undertaken so as to cause as little interference to Tenant as reasonably practicable. Any such entry shall be made by written request not less than seventy two (72) hours prior to entry and subject to Tenant's security requirements, including the requirement that Landlord be accompanied at all times by a representative of Tenant (unless such entry is required for emergency or security purposes and such prior notice is not possible, in which event no prior notice shall be required, such entry may occur at any time and such entry shall not be subject to Tenant's security requirements). Landlord also specifically reserves the following rights:
(i) inspect themto control ingress to and egress from the Property (as opposed to ingress to and egress from the Premises from within the Property), to erect and maintain gates, and to regulate or prevent traffic, provided, that Xxxxxxxx agrees to work with Tenant to implement procedures to provide un-gated access to the Premises (or certain portions thereof to be designated by Tenant), so long as the requirements of the Security Plan are satisfied; (ii) show to close all or a portion of the Premises when immediate danger to prospective purchaserslife, mortgagees or, during the last twelve (12) months of the Lease Term, to tenantsenvironment, or to the ground or underlying lessorsproperty is discovered until such danger has been reasonably mitigated; (iii) to post notices of nonresponsibilityprovide first response emergency fire and security responses, including armed and arrest capabilities, consistent with the Security Plan; or and (iv) alteron behalf of Landlord, improve or repair the Premises or EPA, the Building if necessary to comply with current building codes or State of California, the Navy, the MEW Companies and other applicable lawsentities and governmental agencies that are involved in the remediation of, or for structural alterationsthat are responsible to remediate, repairs existing or improvements to future contamination on or about the BuildingProperty, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection reasonable access to known or suspected areas of contamination or other areas upon which any containment system, treatment system, monitoring system, or other environmental response action is installed or implemented, or to be installed or implemented, for the purposes of the complying with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entryEnvironmental Law and requirements, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything subject to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required terms and conditions of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such installation and implementation shall be undertaken so as to cause as little interference to Tenant and Tenant's Related Entities as reasonably practicable. Landlord shall use commercially reasonable efforts to minimize cooperate with Tenant in locating any interference such required equipment in locations and installing and implementing such systems in a manner that are compatible with Tenant’s use of the Premises given the circumstances of Landlord’s entryConceptual Development Plan. Tenant hereby waives any claims all Claims against Landlord for damages or for any injuries injury or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned thereby. For each by such entry or Xxxxxxxx's exercise of the above purposessuch reserved right, 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 except to the Premisesextent arising as a consequence of Landlord's gross negligence or willful misconduct. Any entry into to the Premises in the manner hereinbefore described obtained by Landlord by any of such means 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, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof.
Appears in 1 contract
Samples: Adaptive Reuse Lease
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve fifteen (1215) months of the Lease TermTerm (as the same may be extended pursuant to Section 2.2 or shortened with respect to certain portions of the Premises pursuant to Sections 2.4 and/or 2.5 of this Lease), to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, ; or as (v) perform services or other obligations required of Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryunder this Lease which are other than regularly scheduled services and/or maintenance obligations. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations (A) perform regularly scheduled services and/or to perform janitorial or other services maintenance obligations required of Landlord pursuant to under this Lease; and (B) perform, in accordance with the provisions of Article 26 of this Lease, any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent Rent, except as otherwise expressly provided in Section 19.7.2 of this Lease, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord that any such entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize any cause as little interference with Tenant’s use to Tenant as reasonably possible. Subject to the provisions of the Premises given the circumstances Section 19.7.2 of Landlord’s entry. 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, or 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 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] 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 PremisesPremises so long as Landlord repairs any damage caused thereby. Any entry into the Premises in the manner hereinbefore herein before 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. Tenant may, after reasonable prior notice to and consultation with Landlord, reasonably 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. Landlord may only enter such Secured Areas upon two (2) business days' notice to Tenant which notice shall specify the date and time of such entry by Landlord (and Tenant shall have the right to escort Landlord); provided, however, that Landlord may enter the Secured Areas without notice to Tenant and without escort in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter.
Appears in 1 contract
Samples: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (of not less than twenty-four hours notice, one (1) business day except in the event of an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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 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. Notwithstanding the foregoing, any entry by Landlord or Landlord's agents shall not unreasonably interfere with Tenant's operations more than reasonably necessary, and shall comply with Tenant's reasonable security measures, including wearing appropriate personal protective equipment (PPE) where required.
Appears in 1 contract
Samples: Lease (Fluidigm Corp)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves the right and his agents to enter into and upon said Premises at all reasonable times subject to any security regulations or any requirements regarding safe use of lab space, maintenance of power, temperature, and upon reasonable notice to quarantine areas of Tenant (not less than twenty-four hours notice, except in an emergency) to enter for the Premises to: (i) inspect them; (ii) show purpose of inspecting the Premises to prospective purchasers, mortgagees or, during same or for the last twelve (12) months purpose of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair maintaining the Premises or for the Building if necessary purpose of making repairs, alterations or additions to comply with current building codes any other portion of said Premises or other applicable lawsfor the purpose of erecting additional building(s) and improvements on the land where the Premises are situated, or on adjacent land owned by Landlord, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required without any abatement or reduction of Base Monthly Rent or without any liability to Tenant for structural alterations, repairs any loss of occupation or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event quiet enjoyment of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any timethereby occasioned provided that Landlord uses good faith, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference undue disruption to Tenant’s operations or access to the Premises; and Tenant shall permit Landlord and its agents, at any time within one hundred eighty (180) days prior to the Expiration Date (or at any time during the Lease if Tenant is in default hereunder), to place upon the Premises any “For Sale” or “For Lease” signs and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours with reasonable notice. Landlord shall comply with Tenant’s security procedures applicable to the Premises and shall not unreasonably interfere with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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.
Appears in 1 contract
Samples: Lease Agreement (Xenoport Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in the case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees oror tenants (but as to prospective tenants, only during the last twelve (12) months of the initial Lease Term, to tenants), or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right be offered an opportunity to have a representative accompany Landlord in connection with any such entry into the Premises. If Tenant fails and Landlord shall use reasonable efforts to make a representative available to accompany Landlord at the time of Landlordcomply with Tenant’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord security procedures in connection with such entryentry (except that these restrictions shall not apply in the case of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (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 pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent so long as Tenant can continue to occupy and shall include use any affected portion of the right 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, Landlord that any such entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize any interference not materially and adversely interfere with Tenant’s use of the Premises given the circumstances of Landlord’s entrynormal 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 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.
Appears in 1 contract
Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)
ENTRY BY LANDLORD. Sixty (60) days prior to the expiration of this Lease, Landlord reserves the right at all reasonable times and upon reasonable may post suitable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter on the Premises to: (i) inspect them; (ii) that the same are "for rent or lease" and may show the Premises to prospective purchaserstenants at reasonable times. Landlord reserves and shall at all times have the right to enter the Premises, mortgagees orinspect the same, during the last twelve (12) months of the Lease Termsupply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) non-responsibility, and to alter, improve or repair the Premises or and any portion of the Building if that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to comply with current building codes or other applicable lawsbe performed, or for structural alterationsprovided, repairs or improvements however, that the entrance to the Building, or as Premises shall not be blocked thereby and provided further that Landlord may otherwise reasonably desire or deem necessaryshall not unreasonably interfere with Tenant's use and possession of the Premises. Except in the event case of an emergency, Landlord shall give Tenant at least three (3) hours prior notice before entering the premises for any of the purposes enumerated above other than for the purpose of making improvements or repairing the Premises in which event Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord receive at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryleast twenty-four (24) hours prior notice. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. 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, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenantfiles. In an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may reasonably deem proper to open the said doors in and obtain entry to the PremisesPremises in an emergency without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry into to the Premises in the manner hereinbefore described obtained by Landlord by 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, Premises or an actual or constructive eviction of Tenant from the Premises or any portion of the Premisesthereof.
Appears in 1 contract
Samples: Office Building Lease (Schimatic Cash Transactions Network Com Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, 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, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22Section 19.13, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (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 pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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 herein before 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.
Appears in 1 contract
Samples: Office Lease (Capstone Turbine Corp)
ENTRY BY LANDLORD. Subject to United States Government security requirements if and as applicable, the Landlord reserves may enter the right Premises and/or Building at all reasonable times hours and upon reasonable 24 hours written notice to Tenant to (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (ia) inspect them; the same, (iib) show the Premises same to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to lenders or tenants, or to the ground or underlying lessors; (iiic) to determine whether Tenant is complying with all of Tenant's obligations hereunder, (d) post notices of nonresponsibility; non-responsibility or (ive) altermake repairs required of Landlord under this Lease, improve repairs to adjoining space or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsutility service, or for structural alterationsmake repairs, repairs alterations or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant provided that all such work shall be deemed done as promptly as possible and with as little interference to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps Tenant as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryreasonably 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, unless caused by the reckless or intentional acts of Landlord or its agents. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in, on or about the doors in the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant). In the event of an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper to open the doors in and to enter the Premises, without notice, for the limited purpose of abating, as possible, said emergency. Any entry into the Premises in the manner hereinbefore described Such emergency entrance shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion of the Premises. Notwithstanding Landlord's entering the Premises without notice in the case of an emergency, Landlord shall contact Tenant's Designated Representative (as identified below) regarding such emergency entry as soon as possible following such emergency entry. Tenant's Designated Representative is Duanx Xxxxxxx, xxo may be contacted at (801) 254-6879, or such other person as Tenant my designate hereafter in writing.
Appears in 1 contract
Samples: Lease (Advanta Corp)
ENTRY BY LANDLORD. To permit the Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) those authorized by it to enter upon the Demised Premises or any part thereof and to remain on the same for any of the following purposes:
3.9.1 inspecting the Demised Premises and opening up floors or other parts of the Demised Premises (including moving fixtures) where such opening-up or moving is required in order to inspect;
3.9.2 taking schedules of the condition thereof;
3.9.3 taking any measurement or making a valuation of the Demised Premises
3.9.4 taking inventories of the Landlord's Fixtures and of other things to be yielded up on termination of the term;
3.9.5 repairing altering adding to rebuilding or replacing any adjoining premises;
3.9.6 repairing, altering, adding to: (i) inspect them; (ii) show , replacing or installing any Conducting Media comprised in the Demised Premises which serves or is capable of being passed through the Demised Premises to prospective purchasers, mortgagees or, during serve other premises;
3.9.7 preparing any schedule of works drawings specifications or estimates required by the last twelve (12) months Landlord prior to or in contemplation of the Lease Term, exercise by the Landlord of any rights under this Lease;
3.9.8 to tenants, do anything which the Landlord considers necessary or desirable for the performance by the Landlord of the covenants on its part hereinafter contained or to the ground or underlying lessors; (iii) to post notices prevent forfeiture of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord any superior lease;
3.9.9 in connection with any entry into rent review or any impending or intended step under the Premises. If Landlord and Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at Act 1954;
3.0.00 xxxxxxxxng without interruption or interference any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages rights reserved or for any injuries or inconvenience granted to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment it by virtue of the Premises, and any other loss occasioned thereby. For provisions of this Lease PROVIDED THAT in each of the above purposescases the person so entering shall cause as little damage, Landlord disturbance and inconvenience as is reasonably practicable and 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 forthwith make good any means that Landlord may deem proper to open the doors in and damage caused to the Demised Premises. Any entry into the Premises 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.
Appears in 1 contract
Samples: Lease (Pride Automotive Group Inc)
ENTRY BY LANDLORD. Landlord reserves Landlord, its agents, employees and contractors reserve the right at all reasonable times and during normal business hours, upon reasonable prior notice to Tenant Tenant, which notice may be given orally (not less than twenty-four hours notice, except in the case of an emergencyEmergency, in which case no prior notice shall be required) to enter the Premises to: to (ia) inspect them; (iib) show the Premises to current or prospective purchasers, mortgagees Mortgagees, insurers, ground lessors or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iiic) to post notices of nonresponsibility; or (ivd) improve, alter, improve clean, maintain or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2226, Landlord Landlord, its agents, employees and contractors, may enter the Premises at any time, time without prior notice to Tenant, in emergency situations and/or Tenant to (i) perform janitorial or other services required of Landlord, including, without limitation, janitorial service; (ii) access common areas or other areas that serve one or more tenants (other than Tenant) (including, without limitation, any electrical; data or cabling closet [“IDF Closer]) and Tenant shall not block or obstruct access to any such common areas or facilities or equipment (without limiting the foregoing, Tenant shall not block or obstruct access to the fire shutters or IDF Closet located in the Premises); (iii) to improve, alter, clean, maintain or repair the Building, or to make structural and non-structural installations (including, without limitation, installations of cable and wiring), alterations, repairs, replacements, maintenance, inspections or improvements to the Building or the Building Systems and equipment (including, without limitation, to serve or improve other tenants’ premises); and (iv) take possession due to any breach of this Lease in the manner provided herein. Notwithstanding anything to the contrary contained herein, Tenant shall also permit other tenants and such tenant’s agents, employees and contractors to enter the Premises for the purposes set forth in clauses (ii) and (iii) above. Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in an Emergency, Xxxxxxxx will not close the Premises if the work can reasonably be completed on weekends and after Building Hours. In connection with any entry into the Premises, Xxxxxxxx agrees to use commercially reasonable efforts to minimize any interference with TenantXxxxxx’s use of operations in the Premises given caused by such entry and to minimize the circumstances duration of Landlord’s entryany such interference. Tenant hereby waives any claims Claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby any entry into the Premises pursuant to this Article 26. 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 emergencyEmergency, Landlord and its agents, employees and contractors shall have the right to enter without notice and use any means that Landlord may deem proper reasonable to open the doors in and to enter the Premises. Any entry into the Premises in the manner hereinbefore described by any party that is permitted to so enter pursuant to this Article 26 and work performed by any such party hereunder is hereby consented to by Tenant and shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the PremisesPremises or entitle Tenant to an abatement of Rent. Notwithstanding the foregoing to the contrary, if Landlord requires Tenant to close the Premises during Building Hours pursuant to this Article 26 for a period of more than seventy-two (72) hours, Tenant shall be entitled to an abatement of Rent, commencing after the expiration of such seventy-two (72) hour period and continuing thereafter during the rest of the period that the Premises are so required to be closed.
Appears in 1 contract
Samples: Office Lease (Cambium Networks Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not Tenant, but in no event upon less than twentyforty-four hours notice, eight (48) hours’ prior written notice (except in the case of an emergency) , in which event no written notice shall be required), 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 or, during the last twelve (12) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, 's systems and equipment; or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time (v) perform services required of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, (A) take possession due to any breach of this Lease in emergency situations and/or the manner provided herein; and (B) perform any covenants of Tenant which Tenant fails to perform janitorial or other services required (subject to the terms and conditions of Landlord pursuant to this Lease). Any Landlord may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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. Landlord shall use commercially reasonable efforts to minimize any interference to the conduct of Tenant's business during any such entry. Landlord’s entry into the Premises shall be subject to Tenant’s commercially reasonable security requirements. Landlord acknowledges and agrees that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord. Notwithstanding the foregoing, Landlord may enter the Premises immediately in the event of an emergency without regard to such requirements. If access to the Premises is reasonably required in order for Landlord to perform any of its obligations under this Lease, and if Landlord is not timely provided with access to the Premises as a result of Tenant’s security requirements or Tenant’s requirement that Landlord be accompanied by an employee of Tenant, then (a) Landlord shall have no liability to Tenant for Landlord's failure to perform such obligations as a result thereof or any damage accrued during such period, (b) Tenant hereby waives all claims against Landlord at law or in equity as a result of such failure by Landlord or any damage accrued during such period, and (c) Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability accrued during any such period.
Appears in 1 contract
Samples: Office Lease (C3.ai, Inc.)
ENTRY BY LANDLORD. Upon at least twenty-four (24) hours prior written notice (which notice can be provided by email to Bxxxxx Xxxxxxxxx bxxxxxxxxx@xxxxxx.xxx and JXxxxxxxxx@xxxxxx.xxx) to Tenant (except in case of emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord reserves and Landlord’s agents to enter into and upon the right Premises at all reasonable times times, and upon reasonable notice without any rent abatement or reduction or any liability to Tenant (not less than twenty-four hours notice, except in an emergency) to enter for any loss of occupation or quiet enjoyment of the Premises tothereby occasioned, for the following purposes: (i) inspect theminspecting and maintaining the Premises; (ii) show the Premises to prospective purchasersmaking repairs, mortgagees or, during the last twelve (12) months of the Lease Term, to tenants, alterations or additions to the ground or underlying lessorsPremises; (iii) to post notices of nonresponsibilityerecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; or (iv) alterperforming any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, improve (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as required or permitted by any Law, and (vi) placing “For Sale” signs, and showing the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entryexisting or potential successors, then Tenant purchasers and lenders; provided that except for emergencies, any such entry shall be deemed to have waived its right to accompany Landlord performed in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use a commercially reasonable efforts manner in order to minimize any the interference with Tenant’s use of the Premises given and Tenant shall have the circumstances right to require that Landlord be accompanied by a representative of Landlord’s entryTenant during any such entry so long as Tenant makes a representative available at commercially reasonable times. Notwithstanding anything to the contrary, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment may designate in writing certain reasonable areas of the Premises, and any other loss occasioned therebyPremises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. For each of In connection with the above purposesforegoing, Landlord shall at all times have a key with which to unlock all the doors not enter such Secured Areas except in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In event of an emergency. Tenant shall permit Landlord and Landlord’s agents, at any time within nine (9) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder), to place upon the Premises “For Lease” signs, and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. At any time when Tenant does not rent all rentable space in the Project, and at any time within nine (9) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder) if Tenant does rent all rentable space in the Project, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open place “For Lease” signs within the doors in and to the Premises. Any entry into the Premises 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 Premisesexterior Common Area.
Appears in 1 contract
Samples: Lease Agreement (Cutera Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: tort (i) inspect them; (ii) show the Premises to prospective purchasers, ; mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, alteration% repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, '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, purpose% 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. 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 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.
Appears in 1 contract
Samples: Office Lease (Affymetrix Inc)
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 to Tenant (not less than twenty-four hours noticeunder the circumstances, except in an emergencybona fide emergency situations) to enter for the Premises to: (i) inspect them; (ii) show purpose of inspecting the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if same and making any necessary repairs to comply with current building codes or other applicable any laws, ordinances, rules, regulations or for structural alterations, repairs or improvements to the Buildingrequirements of any public body, or as the Board of Fire Underwriters, or any similar body. Nothing herein contained shall imply any duty upon the part of Landlord may otherwise reasonably desire or deem necessary. Except in the event to do any such work which, under any provision of an emergencythis Lease, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall may be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or required to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without and the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord agrees to use commercially reasonable good faith efforts to minimize any interference with or disruption of Tenant’s 's use of the Premises given the circumstances of Landlord’s entryDemised 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 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 enter without notice and use any means that Landlord may deem proper to open the doors in and equitably xxxxx 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 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 Premises.Section 22.2. ------------ ------------
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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.
Appears in 1 contract
Samples: Office Lease (Aries Ventures Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Demised Premises to: (i) inspect them; (ii) show the Demised Premises to prospective or existing purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Demised Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22Section 21.8, Landlord may (but shall not be obligated to) enter the Demised Premises at any time, without notice time to Tenant, (i) take possession due to any breach of this Lease in emergency situations and/or the manner provided herein; (ii) perform any covenants of Tenant which Tenant fails to perform janitorial and (iii) correct (in whole or other services required of part) or otherwise deal with any emergency situation. Landlord pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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 Demised 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 and/or gain access in and to the Demises Premises, including, but not limited to, taking such action which might be considered to be an unlawful entry into the Building under other circumstances, as well as, the breaking down of doors or other barriers prohibiting or impeding access to the Building. Any entry into the Demised 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 Demised Premises, or an actual or constructive eviction of Tenant from any portion of the Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Access Integrated Technologies Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours which notice, except 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: to (i) inspect them; (ii) show the Premises to prospective purchaserspurchasers or to current or prospective mortgagees, mortgagees orground or underlying lessors or insurers, or to prospective tenants during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair make repairs to the Premises or to the Building if necessary or to comply with current building codes any equipment located in the Premises as Landlord shall reasonably deem necessary; or other applicable laws, or for structural alterations, repairs or improvements (v) to the Buildingextent necessary in order for Landlord to take an action which Landlord has a right or an obligation to take under the terms of this Lease, or as Landlord may otherwise reasonably desire be required to do by governmental or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryquasi-governmental authority or court order or decree. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) pursuant to Section 26.1 of this LeaseLease (except in the case of an emergency), perform any covenants of Tenant which Tenant fails to perform. Any Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with all entries into the Premises. Landlord may make any such entries shall be without the abatement of Rent (except as specifically set forth in Section 19.5.2 of this Lease) and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 any loss of occupancy or quiet enjoyment of the Premises, and Premises in connection with such entries; provided that Tenant does not waive any other loss occasioned therebyclaim for actual or constructive eviction as a result of Landlord’s 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 enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (Trulia, Inc.)
ENTRY BY LANDLORD. Landlord Landlord, and Landlord's authorized agents and employees, reserves and shall have the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) at any time and from time to time to inspect themthe same to determine whether Tenant is complying with its obligations hereunder; (ii) show to supply any service to be provided by Landlord hereunder; to supply janitorial service and any other routine service to be provided by Landlord to Tenant hereunder; during normal Building Hours and upon reasonable advance notice to Tenant, to exhibit the Premises to prospective purchaserspurchasers and mortgagees, mortgagees or, or (during the last twelve one hundred eighty (12180) months days of the Lease Term, ) to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) and to alter, improve or repair the Premises or and any portion of the Building if and Project, without abatement of rent, in which case Landlord may erect scaffolding and other necessary structures that are reasonably required by the character of the work to comply be performed by Landlord, provided that the business of Tenant shall not be interfered with current building codes unreasonably. Except as otherwise specifically provided in this Lease or other applicable lawsin the case of (i) emergency, (ii) regular janitorial and routine service, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22(iii) circumstances governed by Section X.A. above requiring electrical interruption, Landlord may agrees to provide Tenant or Tenant's facility manager previously identified to Landlord with reasonable advance notice of its intention to enter the Premises at for any timepurpose permitted hereunder, without notice and to use reasonable efforts to coordinate any major service and major repair projects in such a manner as to minimize disruption of Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes's business operations; provided, however, that Landlord shall use commercially reasonable efforts not be required to minimize give Tenant any interference with greater notice of any inspections or entry requested by any governmental representative or other third party entitled to such access than Landlord receives and can reasonably provide to Tenant’s use of . In order to enter the Premises given the circumstances of Landlord’s entry. 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 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, excluding Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantsafes. In an emergencyFurther, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper to open such doors, and shall have the doors right to enter the Premises at any time and without prior notice, in the event of an emergency. To the extent Tenant is required to do so by any third parties, Tenant may reasonably designate, in writing, certain areas within the Premises as "security areas," and Landlord agrees that it shall not take contractors or any prospective purchasers, tenants or mortgagees into any such "security areas" without being accompanied by a representative of Tenant; provided, however, that Landlord and its employees shall have full access to the Premisessuch "security areas" at all times. Any entry into to the Premises in the manner hereinbefore described or portions thereof obtained by Landlord 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 eviction, actual or constructive eviction constructive, of Tenant from the Premises, or any portion of the Premisesthereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasersat reasonable hours and after reasonable notice, mortgagees or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except except in the event of an emergencyemergency in which event no notice shall be required, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into to:
(a) inspect the Premises. If ; (b) exhibit the same to prospective purchasers, lenders or tenants; (c) determine whether Tenant fails is complying with all of its obligations hereunder; (d) provide janitorial service and any other service to be provided by Landlord to Tenant hereunder; (e) post notices of non-responsibility; and (1) make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services repairs required of Landlord pursuant under the terms hereof or make repairs to this Lease. Any such entries shall be without any adjoining space or utility services (including checking, adjusting, calibrating or balancing the abatement of Rent and shall include the right HVAC system) or make repairs, alterations or improvements to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use other portion of the Premises given the circumstances of Landlord’s entryBuilding. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each by such entry, provided that Landlord takes reasonable steps to minimize the interference with Tenant’s use and enjoyment of the above purposes, Premises. 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, excluding Premises (including Tenant’s vaults, safes and special security similar areas designated agreed upon in advance writing by TenantTenant and Landlord). In an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper appropriate to open the such doors in and an emergency in order to obtain entry to the Premises. Any , and no entry into to the Premises in the manner hereinbefore described obtained by Landlord by any of such means shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.thereof
Appears in 1 contract
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 (not less than twenty-four hours notice, except or at any time in the case of an emergency) to ), enter the Premises to: at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to lenders or tenants, or to the ground or underlying lessors; (iiic) to determine whether Tenant is complying with all its obligations hereunder, (d) 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 if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs alterations or improvements to any other portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposesReal Property; provided, h however, Landlord that all such work or entry shall use commercially reasonable efforts be done as promptly as reasonably possible and so as to minimize any cause as little interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryto Tenant as reasonably 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 xxxxx 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 enter without notice and 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 in the manner hereinbefore described obtained by Landlord 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.
Appears in 1 contract
Samples: Lease Agreement (Valley Media Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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 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.
Appears in 1 contract
Samples: Office Lease (Central Coast Bancorp)
ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours noticehave, except in an emergency) the right to enter the Premises to: (i) to inspect them; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, mortgagees orlenders or tenants and to put 'for sale' or 'for lease' signs thereon, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iiiiv) to post notices of nonresponsibility; required or allowed by this lease or by law, (ivv) to alter, improve or repair the Premises and any portion of the Project, and (vi) to erect scaffolding and other necessary structures in or through the Premises or the Building if necessary Project where reasonably required by the character of the work to comply with current building codes be performed. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any damage arising from Landlord's entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord and acts pursuant to this Lease. Any such entries paragraph and Tenant shall not be without the entitled to an abatement or reduction of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, rent if Landlord shall use commercially reasonable efforts to minimize exercises any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 therebyrights reserved in this paragraph. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant in advance), and Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into by Landlord to the Premises in the manner hereinbefore described pursuant to this paragraph 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. Notwithstanding the foregoing, and except in the case of emergency, Landlord shall give Tenant at least twenty-four (24) hours prior notice of its intent to enter the Premises, or an actual or constructive eviction and such entry shall be subject to the reasonable security requirements of Tenant from any portion Tenant. In the course of such entry, Landlord shall not unreasonably interfere with Tenant's use of the PremisesPremiss unless reasonably required in order for Landlord to fulfill its obligations under the Lease.
Appears in 1 contract
Samples: Lease (Novacept Inc)
ENTRY BY LANDLORD. Subject to United States Government security requirements if and as applicable, the Landlord reserves may enter the right Premises and/or Building at all reasonable times hours and upon reasonable 24 hours written notice to Tenant to (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (ia) inspect them; the same, (iib) show the Premises same to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to lenders or tenants, or to the ground or underlying lessors; (iiic) to determine whether Tenant is complying with all of Tenant's obligations hereunder, (d) post notices of nonresponsibility; non-responsibility or (ive) altermake repairs required of Landlord under this Lease, improve repairs to adjoining space or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsutility service, or for structural alterationsmake repairs, repairs alterations or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant provided that all such work shall be deemed done as promptly as possible and with as little interference to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps Tenant as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryreasonably 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, unless caused by the reckless or intentional acts of Landlord or its agents. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in, on or about the doors in the Premises, Premises (excluding Tenant’s 's vaults, safes and special security similar areas designated in advance writing by Tenant). In the event of an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper to open the doors in and to enter the Premises, without notice, for the limited purpose of abating, as possible, said emergency. Any entry into the Premises in the manner hereinbefore described Such emergency entrance shall not be deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion of the Premises. Notwithstanding Landlord's entering the Premises without notice in the case of an emergency, Landlord shall contact Tenant's Designated Representative (as identified below) regarding such emergency entry as soon as possible following such emergency entry. Tenant's Designated Representative is Duane Thurber, who may be contacted at (801) 254-6879, or such other xxxxxx xx Xxxant my designate hereafter in writing.
Appears in 1 contract
Samples: Commercial Lease (Advanta Corp)
ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and times, upon reasonable notice to Tenant (not less than twenty-four (24) hours notice, prior notice (except in the case of an emergency) emergency when prior notice will not be required), have the right to enter the Premises to: (i) Premises, inspect them; (ii) show the same, provide any and all services which are to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to purchasers or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) non-responsibility, to post "for sale" and "for rent" signs, and to alter, improve or repair the Premises or and any portion of the improvements at the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as that Landlord may otherwise deem necessary or desirable and may for that purpose erect scaffolding and other necessary structures where reasonably desire required by the character of the work to be performed, without abatement of rent so long as access to and use of the Premises shall not be blocked or deem necessaryprevented thereby, and further providing that the business of Tenant shall not be interfered with unreasonably. Except in So long as access to and use of the event of an emergencyPremises is not blocked or prevented by Landlord's actions contemplated by the immediately preceding sentence, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims no 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 's business occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergencyfiles, and Landlord shall have the right to enter without notice and 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, without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry into to the Premises in the manner hereinbefore described obtained by Landlord 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 of the Premisesthereof.
Appears in 1 contract
Samples: Building Lease (Vdi Media)
ENTRY BY LANDLORD. Upon one (1) business days written notice, Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) nine months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to 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 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.
Appears in 1 contract
Samples: Office Lease (Pc Mall Inc)
ENTRY BY LANDLORD. Landlord reserves reserves, with 24 hour notice to Tenant, --- ----------------- except for an emergency, the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) Premises, inspect them; (ii) show the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to purchasers or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) , and to alter, improve or repair the Premises or and any portion of the Building if of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to comply with current building codes or other applicable lawsbe performed, or for structural alterations, repairs or improvements always providing that the entrance to the BuildingPremises shall not be blocked thereby, or as Landlord may otherwise reasonably desire or deem necessary. Except in and further providing that the event business of an emergency, the Tenant shall have the right to have a representative accompany Landlord in connection not be interfered with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryunreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s Xxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above 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, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergencyfiles, and Landlord shall have the right to enter without notice and 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 PremisesPremises without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry into to the Premises in the manner hereinbefore described obtained by Landlord 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 of the Premisesthereof, except for Landlord's gross negligence or willful misconduct.
Appears in 1 contract
Samples: Office Lease (Portal Software Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable Upon twenty-four (24) hours prior notice to Tenant (not less than twenty-four hours noticeor at any time in case of emergency or for the purposes described in clauses (d) and (f) below), except in an emergency) Landlord, its agents, contractors, vendors and service providers shall have the right to enter the Premises at reasonable hours to: (ia) inspect themthe same; (iib) show exhibit the Premises same to prospective purchasers, mortgagees or, during the last twelve lenders or tenants; (12c) months determine whether Tenant is complying with all of its obligations hereunder; (d) supply any service to be provided by Landlord to Tenant hereunder or to any other tenant of the Lease Term, to tenants, or to the ground or underlying lessorsProject; (iiie) to post notices of nonresponsibility; and (f) make repairs required of Landlord under the terms hereof or (iv) altermake repairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs alterations or improvements to any other portion of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposesProject; provided, however, Landlord that all such work shall use commercially reasonable efforts be done as promptly as reasonably possible and so as to minimize any cause as little interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryto Tenant as reasonably possible. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenantsuch entry. In an emergencyemergency in order to obtain entry to the Premises, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper to open any doors in, on or about the doors Premises (excluding Tenant’s vaults, safes, controlled substance areas, and similar areas agreed upon in writing by Tenant and Landlord), and no entry to the Premises. Any entry into the Premises in the manner hereinbefore described obtained by Landlord by any of such means shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premisesthereof.
Appears in 1 contract
Samples: Lease Agreement (Durect Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable twenty-four (24) hours prior written notice to Tenant (not less than twenty-four hours noticeor oral notice to Tenant’s office manager), except in the case of an emergency) Emergency in which case no notice shall be required, 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 or, during the last twelve (12) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building, Building or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryBuilding Systems. Notwithstanding anything to the contrary contained in this Article 2223, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other standard services required of Landlord, including janitorial service; (B) take possession due to a default by Tenant in the manner provided herein; and (C) subject to the terms of Section 19.7, above, perform any covenants of Tenant which Tenant fails to perform. Landlord pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for emergencies, any such entry shall be performed in an expeditious manner so as not to unreasonably interfere with Tenant’s use of the Premises. Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 23 with Tenant (except entries under items (A) and (B), above) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord. Landlord agrees to take no photographs of any active work areas in the Premises without Tenant’s prior consent and agrees that any information obtained by any entry into the Premises by Landlord or its employees, agents or contractors shall be kept strictly confidential. Even in an Emergency situation, Landlord shall use commercially reasonable efforts to minimize any interference with disruption to Tenant’s use of the Premises given the circumstances of Landlord’s entrybusiness operations. Except as otherwise provided in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key 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. Notwithstanding anything to the contrary set forth in this Article 23, 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) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by applicable Laws, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (GoodRx Holdings, Inc.)
ENTRY BY LANDLORD. Landlord reserves reserves, and shall at any and all times have, the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) Building to inspect them; (ii) show the Premises same, to submit said Building to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to purchasers or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; non-responsibility, to post “For Lease” signs in Building’ windows six (6) months prior to the expiration of the term or (iv) alterany option terms, improve or to repair the Premises or Building and any portion of the Building if of which the Building are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to comply with current building codes or other applicable lawsbe performed, or for structural alterations, repairs or improvements always providing that the entrance to the BuildingBuilding shall not be unreasonably blocked thereby, or as Landlord may otherwise reasonably desire or deem necessary. Except in and further providing that the event business of an emergency, the Tenant shall have the right to have a representative accompany Landlord in connection not be interfered with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryunreasonably. 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 PremisesBuilding, and any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the PremisesBuilding, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyfiles, and Landlord shall have the right to enter without notice and 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 Building without liability to Tenant except for any failure to exercise due care for Tenant’s property and any entry into to the Premises in the manner hereinbefore described Building obtained by Landlord 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 PremisesBuilding, or an actual or constructive eviction of Tenant from the Building or any portion of the Premisesthereof.
Appears in 1 contract
Samples: Building Lease (VCG Holding Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, 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, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (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 pursuant to this Lease. Any may make any such entries shall be without the abatement axxxxxxnt of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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 xx xxe 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.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves reserves, and shall at all times have the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) to inspect themthe Premises; (ii) to supply janitorial service and any other service to be provided by Landlord hereunder; to read any meters; to show the Premises to prospective purchasers, mortgagees or, during lenders or tenants (but only after the last twelve (12) months giving of the Lease Term, no less than 8 hours notice by Landlord to tenants, or Tenant); to the ground or underlying lessorsdetermine whether Tenant is in compliance with all of its obligations hereunder; (iii) to post notices of nonresponsibility; to erect scaffolding and other necessary structures in or (iv) through the Premises where reasonably required by the character of the work to be performed; to alter, repair and improve or repair the Building, the Premises or any part of either; to make additions to and build additional floors on the Building if necessary Building; to comply with current building codes or other applicable lawsalter, repair, or for structural improve or location of entrances or passageways, doors and doorways, electrical, plumbing, heating, ventilating and air conditioning equipment and systems, corridors, elevators, stairs and toilets, and all other facilities serving the Building, wherever located, .and whether or not such alterations, repairs or improvements are required by any governmental agency, entity, ordinance, role or regulation; to construct other buildings or improvements on land adjacent to- the Building; and to change the use of all or any part of the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into other than the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, provided that Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s 's use and enjoyment of the Premises given the circumstances of Landlord’s caused by any such entry. The exercise by Landlord of any of the foregoing rights shall not be deemed an actual or constructive eviction of Tenant, shall not result in any liability of Landlord to Tenant, and shall not entitle Tenant hereby to any reduction of Rent; provided, however, that in the event that the exercise by Landlord of any of the foregoing rights shall result in a permanent actual decrease in the rentable area of the Premises, then the Rent shall be reduced in proportion to such decrease. Tenant 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. For each of the above foregoing purposes, . Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding doors to Tenant’s 's vaults, safes and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall have the right to enter without notice and use any and all means that Landlord may deem proper to open the such doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises in the manner hereinbefore described obtained by " Landlord 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 of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from all or any portion of the Premises.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in the case of an emergencyemergency or if a judgment of unlawful detainer has been entered against Tenant) to enter the Premises to: escorted by Tenant’s employees (if Tenant provides an employee at such time) to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective Mortgagees or insurers or, during the last twelve nine (129) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entrysystems and equipment. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (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 pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 expressly provided to the contrary herein. 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. Upon request, in connection with such entries, Landlord shall execute a commercially reasonable non-disclosure agreement and a commercially reasonable HIPAA “business associate agreement.” 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. Landlord shall repair any and all damage made to Tenant’s Premises made by Landlord’s entry unless such entry is made to remedy acts, omissions, negligence or breaches of this Lease by Tenant. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, purchasers or prospective or then-existing mortgagees or, or ground lessors (and during the last twelve (12) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors); (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises Premises, the Project, or the Building if necessary to comply with current building codes or other applicable lawsLaws, or for structural alterations, repairs or improvements to the Building, Building or as the Project which Landlord may otherwise reasonably desire is required or deem necessary. Except in the event of an emergency, Tenant shall have the right permitted to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryperform under this Lease. Notwithstanding anything to the contrary contained in this Article 2225, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to time to: (A) perform janitorial or other services required of Landlord pursuant Landlord; and (B) subject to all applicable terms and provisions of this Lease, perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with disruptions to Tenant’s use of the Premises given the circumstances of Landlord’s entrybusiness in connection with such entries. 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 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.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessorsprospective Tenants; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent Rent, except as provided in Section 19.9, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord 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 use commercially reasonable efforts be performed in a manner so as not to minimize any interference unreasonably interfere with Tenant’s 's use of the Premises given the circumstances of Landlord’s entryand shall be performed after normal business hours if reasonably practical. Except as otherwise set forth in Sections 19.4 and 19.9, 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 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. Notwithstanding anything to the contrary set forth above, Tenant may designate certain areas (reasonable in size) of 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 emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days' prior written notice of the specific date and time of such Landlord inspection with respect to such areas.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) reasonably alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for reasonable structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (B) take possession due to any material, uncured breach of this Lease in the manner provided herein; and (C) perform any material covenants of Tenant which Tenant fails to perform. Landlord pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent and shall include the right to may take such reasonable steps as reasonably required to accomplish the stated purposes; provided, however, Landlord that any such entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize any cause as little interference with Tenant’s use of the Premises given the circumstances of Landlord’s entryto 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, based on entry by Landlord as provided for in Article 27. 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.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, 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 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; provided, however, that no such third parties described in this subparagraph shall be permitted to access any areas where Tenant is conducting in good faith business of a materially confidential or otherwise materially sensitive nature, unless such parties execute a commercially reasonable confidentiality agreement prior to the ground or underlying lessorssuch entry; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment; or (v) access or perform work in any and all areas surrounding the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in including, without limitation, the event of an emergency, Tenant shall have East Channel located behind the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryBuilding. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, (A) intentionally omitted; (B) take possession due to any breach of this Lease in emergency situations and/or the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform janitorial or other services required of perform. Landlord pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent Rent, except as otherwise provided in this Lease, and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages or for any injuries (except to the extent caused by the gross negligence or willful misconduct of Landlord) 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 1 contract
Samples: Lease (Bloom Energy Corp)
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 notice to Tenant (not less than twenty-four hours (24) hours’ notice, except which may be oral (or without notice in the case of an emergency) at all reasonable times, subject to enter Tenant’s reasonable security requirements, for any of the Premises tofollowing 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, mortgagees or, post “For Lease” signs for the purposes of re-letting the Premises during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iiivi) to show the Premises to prospective lenders or purchasers of the Building; and (vii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and 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 reasonably expeditiously and in a manner so as to cause reasonably little interference to Tenant and shall be performed after business hours if reasonably practical. Landlord shall use commercially reasonable efforts have such right of entry without any abatement of Rent to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 enter without notice and 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 Premisesemergency) to minimize any disruption to Tenant’s business operations.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (not less than twenty-four 48 hours notice, except in the case of an emergency) "Emergency," as defined below), and subject to Tenant's approval of the particular visitors, contractors and service providers, which approval shall not be unreasonably withheld, conditioned, or delayed (provided that such prior approval shall not be required in the event of an Emergency if not reasonably practicable), to enter the Premises to: and Project to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees oror tenants (provided that with respect to prospective tenants, only during the last twelve (12) months of the Lease Term, to tenantsand provided that if a prospective tenant is a direct competitor of Tenant, as reasonably determined by Tenant, such prospective tenant shall be accompanied by a representative of Tenant at all times, may not have more than two people present from the prospective tenant's company, and may be excluded from interior areas of the Premises as reasonably determined by Tenant), or to the current or prospective mortgagees, ground or underlying lessorslessors or insurers; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the BuildingBase Building required or permitted hereunder. All such visitors (including without limitation prospective tenants specified above), or as Landlord may otherwise reasonably desire or deem necessary. Except contractors and service providers shall be required to execute Tenant’s standard confidentiality agreement, provided that in the event of an emergencyEmergency such visitors, contractors and service providers shall be required to execute Tenant’s standard confidentiality agreement if reasonably possible. At Tenant's option, Tenant shall have the right to have a representative may require that an employee of Tenant accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryvisitors. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any timetime to (A) take possession due to any Default by Tenant of this Lease in the manner provided herein; and (B) subject to the terms of Section 26.1, without notice perform any covenants of Tenant which Tenant fails to Tenant, in emergency situations and/or to perform janitorial or other services required of perform. Landlord pursuant to this Lease. Any such may make any entries shall be without the abatement of Rent (except to the extent provided in Section 19.5.2) and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, that except for Emergencies, Landlord shall use commercially reasonable efforts in connection with any entry not to minimize any interference materially interfere with Tenant’s use of the Premises given and to perform the circumstances of Landlord’s entrysame after business hours if reasonably practical. Provided that Landlord has complied with its obligations under this Article 27, 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 purposesuse in an Emergency only, Landlord shall at all times have a key with which to unlock all the doors in the Premises. Notwithstanding anything to the contrary set forth in this Lease, excluding Tenant’s vaultsTenant 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, safes 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) such repair or maintenance is required in order to maintain and special security areas 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 in advance by Tenant, subject to Landlord’s reasonable approval. In an emergencyEmergency, 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 760812.06/WLA375983-00004/11-2-16/ejs/ejs 51 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.] expressly agreed to be performed by Landlord herein. For purposes of this Lease, an "Emergency" shall mean a situation that threatens imminent material harm to persons or property.
Appears in 1 contract
Samples: Office Lease (Kite Pharma, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of perform Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entryMaintenance Responsibilities. Notwithstanding anything to the contrary contained in this Article 22, (A) Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or an Emergency (as defined below) and (B) except in accordance with the preceding Clause (A), (X) Landlord shall be required to perform janitorial provide at least forty-eight (48) hours’ prior written notice of any entry, (Y) any such entry must be accompanied by a Tenant representative and (Z) no such entry shall be permitted to any manufacturing or other services required of Landlord pursuant to this Leaseclean room areas except during planned shutdowns and for no more than one hour. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use commercially reasonable efforts to minimize any interference with disruption to Tenant’s use of business operations in the Premises given the circumstances of during any such entry. Subject to Section 6.8 and Landlord’s entry. indemnity obligations in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key 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 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.occasioned
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors, or, during the last twelve six (126) months of the Lease Term, to tenants, or to the ground or underlying lessorsprospective Tenants; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without reasonable time following reasonable notice to Tenant, Tenant (except in the event of an emergency situations and/or in which case no notice shall be required) to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord 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 use commercially reasonable efforts be performed in a manner so as not to minimize any interference unreasonably interfere with Tenant’s use of the Premises given the circumstances of Landlord’s entryand shall be performed after normal business hours if reasonably practical. Except as otherwise set forth in Section 19.4, 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 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.
Appears in 1 contract
Samples: Office Lease (Nara Bancorp Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at reasonable hours and after reasonable notice, except In the event of an emergency in which event no notice shall be required, to: (a) inspect the Premises; (b) exhibit the same to prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all of its obligations hereunder; (d) provide janitorial service and any time, without notice other service to Tenant, in emergency situations and/or be provided by Landlord to perform janitorial or other services Tenant hereunder; (e) post notices of non-responsibility; and (f) make repairs required of Landlord pursuant under the terms hereof or make repairs to this Lease. Any such entries shall be without any adjoining space or utility services (including checking, adjusting, calibrating or balancing the abatement of Rent and shall include the right HVAC system) or make repairs, alterations or improvements to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use other portion of the Premises given the circumstances of Landlord’s entryBuilding. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each by such entry, provided that Landlord takes reasonable steps to minimize the interference with Tenant's use and enjoyment of the above purposes, Premises. 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, excluding Premises (including Tenant’s 's vaults, safes and special security similar areas designated agreed upon in advance writing by TenantTenant and Landlord). In an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper appropriate to open the such doors in and an emergency in order to obtain entry to the Premises. Any , and no entry into to the Premises in the manner hereinbefore described obtained by Landlord by any of such means shall not under any circumstance be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises.or
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and any mortgagee under a mortgage or beneficiary under a deed of trust encumbering the right Building and their agents (each a “Lender”) to enter the Premises at all reasonable times and upon reasonable notice to Tenant (not times, on no less than twenty-twenty four (24) hours notice, except in cases of an emergency, for the purpose of (a) inspecting them, (b) maintaining the Building, (c) making repairs, replacements, alterations or additions to enter any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, (d) posting notices of non-responsibility for alterations, additions or repairs, (e) placing upon the Building any usual or ordinary “for sale” signs and showing the space to prospective purchasers, investors and lenders, or (f) placing on the Premises to: (i) inspect them; (ii) show “to lease” signs or marketing and showing the Premises to prospective purchasers, mortgagees or, during tenants at any time Tenant is in default hereunder (after Notice and the last twelve (12) months expiration of the Lease Term, to tenants, applicable cure period) or otherwise within 180 days prior to the ground or underlying lessors; expiration of this Lease, without any rebate of Rent (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or except as Landlord may otherwise reasonably desire or deem necessary. Except provided in the event of an emergency, Lease) and without any liability to Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the PremisesPremises thereby occasioned, provided Tenant’s ability to use the Premises is not unreasonably disturbed and any other loss occasioned therebysuch access is scheduled to prevent as little inconvenience to Tenant as commercially reasonable. For each Tenant may designate certain areas of the above purposesPremises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection or repairs, in which case Landlord shall at all times have a key provide Tenant 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 ten (10) days prior written notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises 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.specific date and time of such Landlord inspection. Landlord’s Initials
Appears in 1 contract
Samples: Business Park Net Lease (Centillium Communications Inc)
ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) as provided herein to enter the Premises in order to: (i) inspect themthe Premises; (ii) post notices of non-responsibility; show the Premises to prospective purchasers, mortgagees orlenders or tenants; to have access to the freight elevator located within the Premises for use by Landlord or Landlord's tenants, licensees or invitees (it being understood that use of the freight elevator door located within the Premises by Landlord and others during the last twelve (12) months Lease Term hereof is meant to be on an occasional basis for the purpose of moving furniture, equipment or other heavy objects to or from other portions of the Lease TermBuilding and not to be used by Landlord or its other tenants to move freight, inventory or other materials to tenantsor from other portions of the Building as part of any such person's usual business operations); perform its obligations and exercise its rights hereunder; and make repairs, improvements, alterations or additions to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or any portion thereof as Landlord may otherwise reasonably desire deems necessary or deem necessary. Except in the event of an emergency, Tenant shall have the right desirable and to have a representative accompany Landlord do all things necessary in connection with any entry into the Premisestherewith, including, but not limited to, erecting scaffolding and other necessary structures. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with retain (or be given by Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 ) keys to unlock all of the doors in to or within the Premises, excluding doors to Tenant’s vaults, safes 's vaults and special security areas designated in advance by Tenantfiles. In an emergency, Landlord shall have the right to enter without notice and use any and all means that Landlord may deem proper necessary to open the doors in and obtain entry to the Premises. Any entry into the Premises in an emergency. Landlord's entry to the manner hereinbefore described Premises in accordance with this Article 12 shall not not, under any circumstances, 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 the Premises or any portion thereof. Except in the case of emergency, the Landlord shall exercise the Landlord's right to enter the Premises only after reasonable prior notice to Tenant, during usual and customary business hours, in the presence of the PremisesTenant, and in a manner so as not to interfere unreasonably with Tenant's business operations. Except in the case of emergency, twenty-four hours' prior notice shall be considered reasonable notice. Except in the case of emergency, the Landlord will comply with all customary security, safety and other workplace rules applicable to the Tenant's employees or to outside visitors when making such entry. Notwithstanding anything in this Article 12 to the contrary, Tenant shall, except in the case of emergency, have the right to postpone any proposed use of the freight elevator by Landlord, its tenants, licensees and invitees for up to 48 hours if Tenant, in its reasonable judgment, determines that such proposed use of the freight elevator would be disruptive to its business being conducted in the Premises and provides Landlord with notice of such postponement prior to 3:00 p.m. on the day before any such proposed use of the freight elevator, which notice shall specify in reasonable detail Tenant's reasons for such postponement.
Appears in 1 contract
Samples: Commercial Lease (Precision Optics Corporation Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord pursuant Landlord; (B) take possession due to any breach of this LeaseLease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform after the applicable notice and cure period. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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. Any such entry into the Premises by Landlord under this Article 27 shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises.
Appears in 1 contract
Samples: Office Lease (Selectica Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, or (during the last twelve nine (129) months of the Lease Term, to ) tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -35- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Leasesituations. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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 in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. In making any entry into the Premises (i) Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s operations within the Premises, (ii) Landlord shall follow Tenant’s commercially reasonable safety and security protocols, and (iii) Tenant shall have the right to have an escort present during any such entry (but Tenant’s failure to provide such escort shall not hinder Landlord’s right to access the Premises).
Appears in 1 contract
Samples: Lease (Kura Oncology, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (of not less than twenty-four hours notice, except in an emergency48 hours) to Tenant to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations (provided 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 Landlord pursuant to this Lease. In an emergency, Landlord shall have the right, by any means that Landlord may deem proper, to open the doors in and to the Premises. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, provided that Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry'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 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.
Appears in 1 contract
Samples: Lease (Achaogen Inc)
ENTRY BY LANDLORD. Subject to Tenant’s reasonable security and confidentiality requirements, Landlord reserves the right and shall at any and all reasonable times and upon with reasonable notice to Tenant (of not less than twenty-four hours notice, one (1) business day except in an cases of emergency) , have the right to enter the Premises to: (i) to inspect them; (ii) the same, to show the Premises to prospective purchasers, mortgagees lenders, investors or, during the last twelve six (126) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) non-responsibility, to alter, improve or repair the Premises or any other portion of the Building if and/or the Parking Facilities as required or permitted by this Lease and as provided in Section 2(e) above, all without being deemed guilty of any eviction of Tenant and without abatement of Rent, except as otherwise provided herein. Landlord may, in order to carry out such purposes, erect scaffolding and other necessary to comply with current building codes or other applicable lawsstructures where reasonably required, or provided that, except for structural alterationsemergencies, repairs or improvements to the Building, or as any entry and/or work performed by Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have Premises or the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant Project shall be deemed performed in a reasonably practicable manner so as not to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference unreasonably interfere with Tenant’s use of the Premises given or the circumstances remainder of Landlord’s entrythe Project and shall be performed after Building Hours if reasonably practicable. Except as otherwise set forth in Section 24(h), 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, for any loss of occupancy or quiet enjoyment of the Premises, Premises and for any other loss occasioned therebyin, upon and about the Premises on account of Landlord's entry or work permitted by this Section or by Section 2(e) above. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, 's vaults and safes and special security or restricted areas designated in advance by Tenant and Landlord shall have no right to enter such areas without Tenant’s prior written consent except in cases of emergency. In an emergency, Landlord shall have the right to enter without notice and use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises in the manner hereinbefore described obtained by Landlord, 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 Premisesthereof.
Appears in 1 contract
Samples: Office Building Lease (GLAUKOS Corp)
ENTRY BY LANDLORD. Landlord reserves Landlord, and its duly authorized representatives, shall, upon reasonable prior notice (except in the case of emergency, where no such notice shall be required), have the right to enter the Premises at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except at any time in an 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 enter the Premises 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, mortgagees 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 tenants, or show the Premises to prospective purchasers and mortgagees. If Landlord’s access to the ground Premises for any purposes permitted under this Lease requires Landlord to access or underlying lessors; work in any controlled or restricted areas within the Premises, then, except in case of emergency, Landlord must be accompanied by a Tenant representative (iii) Tenant hereby agreeing to post notices of nonresponsibility; or (iv) altermake a representative available during mutually convenient times for such purposes). To the extent possible under the circumstances, improve or repair Landlord shall schedule non-emergency access to and repairs and maintenance within the Premises or outside of normal business hours. In connection with all repairs and maintenance performed by Landlord within the Building if necessary Premises pursuant to comply 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 current building codes or other applicable laws, or for structural alterations, repairs or improvements respect to the Buildingexistence of a dangerous or unsafe condition, any requirements for prior notice or limitations on Landlord’s access to the Premises contained in this Lease shall be deemed waived by Tenant so that Landlord may immediately exercise its rights under this Section 16.19 and Section 16.17 in such manner as Landlord may otherwise reasonably desire deems necessary in its sole discretion to remedy such dangerous or deem necessaryunsafe condition. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with TenantXxxxxx’s operations and use and occupancy of the Premises given in connection with the circumstances exercise of Landlord’s entry. 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 Premisesforegoing rights under this Section 16.19, and any other loss occasioned thereby. For each consistent with the nature of the above purposes, activities being undertaken by Landlord hereunder. Landlord shall at comply with all times have a key Legal Requirements 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 enter without notice and use exercise of any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises 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 Premisesforegoing rights.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours which notice, except notwithstanding anything to the contrary contained within this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to: to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees 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 Term prospective tenants, or to the ground or underlying lessorsin each case upon not less than one (1) business days' notice; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the Building or the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry's systems and equipment. Notwithstanding anything to the contrary contained in this Article 2226, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or 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 pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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 TenantTenant in writing. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 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 shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and occupancy of the Premises as a result of any entry by Landlord permitted under this Article 26.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves reserves, and shall at any and all times upon twenty- four (24) hours prior written notice (except in the case of an emergency), have the right at all reasonable times for itself, any lessor and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) their respective designees to enter the Premises to: to inspect the same and Tenant's operations, to protect their respective interests, to post notices of nonresponsibility, to repair the Premises and any portion of the Building that Landlord may deem necessary or desirable or to perform environmental studies, without abatement of rent (i) inspect them; (ii) subject to Section 15.2), and, for that purpose, may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance of the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Landlord and Landlord's agents shall also have the right to show the Premises to prospective purchasers, mortgagees or, purchasers and/or lenders during the last twelve (12) months term of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries Tenant shall be without permit Landlord, at any time within six (6) months prior to the abatement expiration of Rent and shall include the right this Lease, to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of place upon the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages usual or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premisesordinary “For Lease” signs, and any other loss occasioned therebyduring such six (6) month period Landlord, or Landlord's agents, during normal business hours, may enter upon the Premises and exhibit same to prospective tenants. 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, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenantfiles. In an emergency, Landlord shall have the right to enter without notice and 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 PremisesPremises without liability to Tenant, except for any failure to exercise due care of Tenant's property. Any entry into to the Premises in obtained by Landlord or the manner hereinbefore described Landlord's lessor or their designees by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or an unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof. Landlord shall use commercially reasonable efforts at all times to conduct Landlord’s presence (and that of Landlord’s contractor, agent, or person accessing the Premises by or through Landlord) on the Premises so as not to cause unreasonable interference with Xxxxxx’s use of the Premises.
Appears in 1 contract
Samples: Shopping Center Retail Lease
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, 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, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 2227, Landlord may enter the Premises at any time, without notice time to Tenant, in emergency situations and/or to (A) perform janitorial or other services required of Landlord; (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 pursuant to this Lease. Any may make any such entries shall be without the abatement of Rent and shall include the right to may take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) Landlord’s Agents to enter the Premises to: at all reasonable times, upon reasonable notice of at least twenty-four (i24) inspect them; hours (ii) show except in the case of an emergency, for which no notice shall be required), and subject to Tenant’s reasonable security arrangements, for the purpose of inspecting the same or showing the Premises to prospective purchasers, mortgagees or, lenders or tenants (provided that Landlord can only show the Premises to perspective tenants during the last twelve nine (129) months of the Lease Term, to tenants, ) or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) provide services, alter, improve or improve, maintain and repair the Premises or the Building if necessary to comply with current building codes as required or other applicable lawspermitted by Landlord under the terms hereof, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any timeother business purpose, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement any rebate of Rent and shall include the right without any liability to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the PremisesPremises thereby occasioned (except for actual damages resulting from the sole active gross negligence or willful misconduct of Landlord); and Tenant shall permit Landlord to post notices of non-responsibility and “for sale” or “for lease” signs, 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 except that Landlord may deem proper to open the doors in and to the Premises. Any entry into only post “for lease” signs at the Premises in during the manner hereinbefore described last nine (9) months of the Term. No such entry shall not be deemed construed 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. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of an emergency and when Landlord otherwise deems such closure necessary. Landlord shall use commercially reasonable efforts while entering the Premises pursuant to this Paragraph 20 to minimize any portion interference with Tenant’s use of the Premises.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable twenty-four (24) hours’ notice to Tenant (not less than twenty-four hours notice, except in an emergencyemergency situations and/or to perform janitorial or other services required of Landlord under this Lease, in which event no prior notice shall be required) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees oror tenants (with respect to prospective tenants, during the last twelve (12) months of the Lease Term, to tenants), or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable [FINAL EXECUTION COPY]SMRH:478611488.18 -33- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s 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. 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 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; provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or adversely affect Tenant’s business operations at the Premises (subject to events and circumstances outside of Landlord’s reasonable control).
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (not less than twenty-four hours notice, except in an emergency) to enter the Premises upon at least twenty-four (24) hours advance notice to Tenant to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the XXXXXXXX PLAZA Vivus, Inc. XXXXXXXX PLAZA Vivus, Inc. stated purposes; purposes provided, however, Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant’s 's use and occupancy of the Premises given the circumstances as a result of Landlord’s entryany entry by Landlord permitted under this Article 22. 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 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. Tenant shall have the right to have a representative of Tenant accompany Landlord during any such entry, provided, however, Landlord shall not be required to delay its entry if Tenant does not have a representative available to accompany Landlord at its intended time of entry.
Appears in 1 contract
Samples: Office Lease (Vivus Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (of not less than twenty-four hours noticeone (1) business day, except in case of an emergencyemergency where no notice shall be required) to Tenant to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees mortgagees, ground lessors or, during the last twelve nine (129) months of the Lease Term, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsRequirements, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however. In exercising its rights under this Article, Landlord shall will use commercially reasonable efforts to minimize any unreasonable interference with Tenant’s 's use of the Premises given the circumstances of Landlord’s entryPremises. 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 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.
Appears in 1 contract
Samples: Lease (Janux Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (which, in the absence of an emergency, shall not be less than twenty-four hours notice, except in an emergency(24) hours) to enter the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to or tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary; provided, however. Except in Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant’s use and occupancy of the event Premises as a result of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany by Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entrypermitted under this Article 22. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 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.
Appears in 1 contract
Samples: Office Lease (Cafepress Inc.)
ENTRY BY LANDLORD. a. Landlord reserves the right and shall at any and all reasonable times and upon reasonable notice have the right to enter the Premises, inspect the same (provided that Tenant (not less than twenty-four hours noticeshall have the right to require that Landlord be accompanied by a representative of Tenant during such entry, except in an the case of emergency) to enter the Premises to: (i) inspect them; (ii) ), supply janitorial services, post notices of non-responsibility, show the Premises to prospective purchaserspurchasers or mortgagors/lenders, mortgagees orand, solely during the last twelve nine (129) months of the Term of this Lease Term(unless a Tenant Default has occurred), to show the Premises to prospective tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or and any portion of the Building if of which the Premises are a part that Landlord may deem necessary or desirable, all without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to comply with current building codes or other applicable lawsbe performed, or for structural alterations, repairs or improvements always providing that the entrance to the Building, or Premises shall not be unreasonably obstructed thereby and provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Landlord may otherwise reasonably desire or deem necessary. Except will provide Tenant with at least two (2) business days’ prior notice (except in the event case of an emergency, Tenant shall have ) of any of the right actions set forth in this Section 21.a. to have a representative accompany be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in connection with any entry into the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the parking area. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or All other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, require at least one (1) business day advance notice. Landlord shall use commercially reasonable efforts to minimize ensure that the performance of any interference work of repairs or alterations described herein shall not materially interfere with Tenant’s use of or access to the Premises given (or any portion thereof) or the circumstances Common Areas for Tenant’s business purposes (such efforts to include, to the extent possible, limiting the performance of Landlord’s entryany 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). Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by Landlord’s negligence or willful misconduct or Landlord’s breach of this Lease. For each of the above aforesaid purposes, Landlord shall may at its discretion at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencyfiles, and Landlord shall have at its discretion has the right to enter without notice and 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 PremisesPremises without liability to Tenant. Any entry into to the Premises in the manner hereinbefore described obtained by Landlord by any of said means 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 of the Premisesthereof.
Appears in 1 contract
ENTRY BY LANDLORD. Subject to Landlord's agreement to minimize any disturbance of Tenant's use of the Premises by exercise of the following rights, Landlord reserves and shall at any and all times have the right at all reasonable times and (upon reasonable advance notice to Tenant (not less than twenty-four hours notice, [which may be telephonic] except in an the case of emergency) to enter the Premises to: (i) to inspect them; (ii) show the same, to supply janitor service and any other service to be ,provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees or, purchasers or tenants during the last twelve final eighteen (1218) months of the Lease TermTerm (accompanied, in such event, by a representative of Tenant, provided Tenant in good faith uses reasonable efforts to tenantscooperate with the scheduling of any such entry), or to the ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) , to alter, improve or repair the Premises or Building as provided above, and without being deemed guilty of any eviction of Tenant and, except as set forth below, without abatement of rent, and may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the Building if necessary character of the work to comply with current building codes or other applicable lawsbe performed, or for structural alterations, repairs or improvements to provided that the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event business of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection interfered with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of the Premises given the circumstances of Landlord’s entrylittle as is reasonably practicable. Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy (other than in the case of the loss of use of a material portion of the Premises (i.e., 2,000 Rentable Square Feet or more) for a period in excess of five (5) business days following notice from Tenant to Landlord of such loss of use, in which event Tenant shall have the abatement rights described in Paragraph 15(a) below) or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, excluding Tenant’s vaults, 's vaults and safes and special security areas designated in advance by Tenant. In an emergencyother secured areas, and Landlord shall have the right to enter without notice and 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 , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described good faith 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, and any damages caused on account thereof shall be paid by Tenant. Landlord hereby agrees to use its best good faith efforts in the exercise of its rights under this Paragraph 14 to minimize any disturbance of Tenant's use and possession of the PremisesPremises and to provide as much notice to Tenant as may be reasonably possible prior to any such exercise of Landlord's rights under this Paragraph 14.
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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (Upon not less than twenty-four hours notice, one (1) business day’s notice and subject to Tenant’s reasonable security requirements (except in the event an emergency) ), Landlord shall have the right to enter the Premises to: (i) to inspect them; (ii) to show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months 270 days of the Lease TermTerm only, to tenants, or to the ground or underlying lessors; (iii) to post notices of nonresponsibilitynon-responsibility; or (iv) 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 if necessary where reasonably required by the character of the work to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposesperformed; provided, however, Landlord that any such entrance or work shall use commercially reasonable efforts to minimize any interference not unreasonably interfere with Tenant’s use of the Premises given Premises. Provided that Landlord employs commercially reasonable efforts to minimize interference with the circumstances conduct of LandlordTenant’s entry. business in connection with its entries into and/or work within the Premises, 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 therebyby such entry. 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 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 enter without notice and 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 by any of said means, or otherwise, in the manner hereinbefore described accordance with this Paragraph 16.1 shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from any portion of thereof. Landlord shall not have the Premisesright to post any “for sale” or “for lease” signs on the Real Property during the Lease Term.
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Samples: Lease Agreement (Harmonic Inc)
ENTRY BY LANDLORD. Landlord reserves Landlord, the Master Lessor, the Community, the Secretary, and their respective agents shall have the right to enter the Premises at all reasonable times and (upon reasonable notice except in cases of emergency or to supply service required to be provided by Landlord or Tenant hereunder) for the purpose of examining or inspecting the same, to supply janitorial services and any other service required to be provided by Landlord to Tenant (not less than twenty-four hours noticehereunder or any other tenants, except in an emergency) to enter show the same to prospective purchasers or tenants of the Premises, and make such alterations, repairs, improvements, or additions, whether structural or otherwise, to the Premises to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or, during the last twelve (12) months of the Lease Term, to tenantsas Landlord may deem necessary or desirable, or to the ground or underlying lessors; (iii) to post and keep posted thereon notices of nonresponsibility; non-responsibility or such other notices which they may deem to CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY A TRIPLE ASTERISK (iv) alter, improve or repair ***). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. be proper for the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except protection of their interest in the Premises. In the event notice of an emergencyentry is required, Tenant shall have the right to have a representative accompany Landlord any such persons in connection with any entry into the Premisesits discretion. If Tenant fails Subject to make a representative available to accompany Landlord at the time of LandlordTenant’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with require an escort, such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord parties may enter the Premises at by means of a master key without liability to Tenant except for any time, failure to exercise due care for Tenant’s property and without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to affecting this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord Such parties shall use commercially reasonable efforts on any such entry not to minimize any interference unreasonably interrupt or interfere with Tenant’s use of the Premises given the circumstances of Landlord’s entry. 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 and 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 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.
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