Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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)

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ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and right, upon reasonable 24 hours’ prior notice to Tenant (except no such notice shall be required in the case of an emergency) ), to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or or, during the last nine twelve (912) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned 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 mayNotwithstanding anything to the contrary in this Article 22 to the contrary, subject (A) Landlord agrees to Landlorduse commercially reasonable efforts (except in an emergency) to minimize interference with Tenant’s prior approval, designate certain areas of business in the Premises as “Secured Areas” should Tenant require such areas for in the purpose course 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 any such entry by Landlord; providedpermitted under this Article 22, however, that Landlord may enter the Secured Areas without notice to Tenant in the event of and (B) absent an emergency, in which case or Landlord’s entry to perform its obligations under this Lease, Landlord shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation use commercially reasonable efforts to provide janitorial service schedule any construction work to any such Secured Areas except to be performed in the extent Tenant authorizes and permits access thereto for such purposesPremises after the business hours set forth in Section 6.1.1 above.

Appears in 1 contract

Samples: Lease (St Francis Medical Technologies Inc)

ENTRY BY LANDLORD. Provided Landlord reserves the right gives Tenant at all reasonable times and upon reasonable least 24 hours advance notice to Tenant (except in the case of an 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 pursuant to this Xxxxxxxxx 00, Xxxxxxxx reserves and shall at any and all times have the right to enter the Premises to (i) inspect them during normal business hours; (ii) show the same, to supply janitorial services and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees purchasers or ground or underlying lessors or during the last nine (9) months of the Lease Termtenants, to prospective tenants; (iii) 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 Building. Notwithstanding anything to the contrary contained in this Section 19.13extent required by law), Landlord may enter the Premises at any time to (A) perform services required all without being deemed guilty of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants an eviction of Tenant which Tenant fails to perform. Landlord may make any such entries and without the Landlord’s Initials: Tenant’s Initials: abatement of Rent, except as otherwise provided in this Leaserent, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish be performed, provided that the stated purposes; provided, however, that any such entry business of the Tenant shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause interfered with as little interference to Tenant as is reasonably possiblepracticable. 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 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 obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion thereof, and any damages caused on account thereof shall be paid by Tenant. It is understood and agreed that no provision of the Premises. Tenant maythis Lease shall be construed as obligating Landlord to perform any repairs, subject alterations or decorations except as otherwise expressly agreed herein 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 be performed 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 (Eidos PLC)

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 (except in the case of an emergency) to enter the Premises to (ia) inspect them during normal business hours; the same, (iib) show the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine tenants, (9c) months determine whether Tenant is complying with all of the Lease TermTenant's obligations hereunder, to prospective tenants; (iiid) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours (except for janitorial service which provided that all such work shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except done as otherwise provided in this Lease, and may take such reasonable steps promptly as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause with as little interference to 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, 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 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 by Landlord 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. Tenant may, subject to Notwithstanding Landlord’s prior approval, designate certain areas of 's entering 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 case of an emergency, in which case Landlord shall provide Tenant with notice of contact Tenant's Designated Representative (as identified below) regarding such emergency entry promptly thereafteras soon as possible following such emergency entry. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to any Tenant's Designated Representative is Duane Thurber, who may be contacted at (801) 254-6879, or such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposesother xxxxxx xx Xxxant my designate hereafter in writing.

Appears in 1 contract

Samples: Commercial Lease (Advanta Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 Xxxxxx fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with TenantXxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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. 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 one (1) business day except in cases of emergency, have the case of an emergency) right to enter the Premises to (i) inspect them during normal business hours; (ii) the same, to show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or lenders, investors or, during the last nine six (96) months of the Lease Term, tenants, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) non-responsibility, to alter, improve or repair the Premises or any other portion of the Building if necessary to comply with current building codes and/or the Parking Facilities as required or other applicable lawspermitted by this Lease and as provided in Section 2(e) above, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at all without being deemed guilty of any time to (A) perform services required of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants eviction of Tenant which Tenant fails to perform. Landlord may make any such entries and without the abatement of Rent, except as otherwise provided herein. Landlord may, in this Leaseorder to carry out such purposes, erect scaffolding and may take such reasonable steps as required to accomplish other necessary structures where reasonably required, provided that, except for emergencies, any entry and/or work performed by Landlord in the stated purposes; provided, however, that any such entry Premises or the Project shall be accomplished as expeditiously as reasonably possible and performed in a reasonably practicable manner so as not to cause unreasonably interfere with Tenant’s use of the Premises or the remainder of the Project and shall be performed after Building Hours if reasonably practicable. Except as little interference to Tenant as reasonably possible. 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 use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described 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 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 purposesthereof.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (of not less than one (1) business day except in the case event of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (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 deem necessary. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned 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. Tenant mayNotwithstanding the foregoing, 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 any entry by Landlord or Landlord; provided's agents shall not unreasonably interfere with Tenant's operations more than reasonably necessary, howeverand shall comply with Tenant's reasonable security measures, 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 purposesincluding wearing appropriate personal protective equipment (PPE) where required.

Appears in 1 contract

Samples: Lease (Fluidigm Corp)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and any mortgagee under a mortgage or beneficiary under a deed of trust encumbering the right at all reasonable times Building and upon reasonable notice to Tenant their agents (except in the case of an emergencyeach a “Lender”) to enter the Premises at all reasonable times, on no less than 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 any portion of the Building, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, (id) inspect them during normal business hours; posting notices of non-responsibility for alterations, additions or repairs, (iie) show 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 lease” signs or marketing and showing the Premises to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises tenants at any time Tenant is in default hereunder (after Notice and the expiration of the applicable cure period) or otherwise within 180 days prior to the expiration of this Lease, without any rebate of Rent (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this the Lease, ) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that without any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the PremisesPremises thereby occasioned, 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 provided Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right ability to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall is not be deemed unreasonably disturbed and such access is scheduled to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of prevent as little inconvenience to Tenant from any portion of the Premisesas commercially reasonable. Tenant may, subject to Landlord’s prior approval, 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. Landlord may only not enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall specify except in the date and time case of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to Tenant emergency or in the event of an emergencya Landlord inspection or repairs, in which case Landlord shall provide Tenant with ten (10) days prior written notice of the specific date and time of such entry promptly thereafterLandlord inspection. 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.Landlord’s Initials

Appears in 1 contract

Samples: Business Park Net Lease (Centillium Communications 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 (except in the case of an emergency) to enter the Premises Building to (i) inspect them during normal business hours; (ii) show the Premises same, to submit said Building to prospective purchasers, mortgagees purchasers or ground or underlying lessors or during the last nine (9) months of the Lease Termtenants, to prospective tenants; (iii) 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 necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to of which the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Building are a part that Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries deem necessary or desirable, without the abatement of Rent, except as otherwise provided in this Leaserent, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish be performed, always providing that the stated purposes; providedentrance to the Building shall not be unreasonably blocked thereby, however, and further providing that any such entry the business of the Tenant shall not be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possibleinterfered with unreasonably. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the 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 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 Building obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the PremisesBuilding, or an actual or constructive eviction of Tenant from the Building or 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 purposesthereof.

Appears in 1 contract

Samples: Building Lease (VCG Holding Corp)

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 (except in the case of an emergency) to enter the Premises Premises, inspect the same, supply janitorial service and any other service to (i) inspect them during normal business hours; (ii) show the be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees purchasers or ground or underlying lessors or during the last nine (9) months of the Lease Termtenants, to prospective tenants; (iii) 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 Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours (except for janitorial service which shall not be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseblocked thereby, and may take such reasonable steps as required to accomplish further providing that the stated purposes; provided, however, that any such entry business of the Tenant shall not be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possibleinterfered with unreasonably. 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 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 obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion of the Premises. Tenant maythereof, subject to except for 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 's gross negligence 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 purposeswillful 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 notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthe Premises; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) subject to Article 19, take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to performperform beyond applicable notice and cure periods. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the 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 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: Lease (Athira Pharma, Inc.)

ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) as provided herein to enter the Premises to (i) in order to: inspect them during normal business hoursthe Premises; (ii) post notices of non-responsibility; show the Premises to prospective purchasers, mortgagees lenders or ground tenants; to have access to the freight elevator located within the Premises for use by Landlord or underlying lessors 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 nine (9) 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 prospective tenantsor from other portions of the Building as part of any such person's usual business operations); (iii) post notices of nonresponsibilityperform its obligations and exercise its rights hereunder; and make repairs, improvements, alterations or (iv) alter, improve or repair additions to the Premises or the Building if or any portion thereof as Landlord deems necessary or desirable and to comply with current building codes or do all things necessary in connection therewith, including, but not limited to, erecting scaffolding and other applicable laws, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 performnecessary structures. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall retain (or be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with given by 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 use any and all means that Landlord may deem proper necessary to open the doors in and obtain entry to the PremisesPremises in an emergency. Any Landlord's entry into to the Premises by Landlord in the manner hereinbefore described 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 mayshall, subject except in the case of emergency, have the right to Landlord’s prior approval, designate certain areas 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 as “Secured Areas” should Tenant require and provides Landlord with notice of such areas for postponement prior to 3:00 p.m. on the purpose day before any such proposed use of securing certain valuable property or confidential information. Landlord may only enter such Secured Areas upon two (2) business days’ notice to Tenant the freight elevator, 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 reasonable detail Tenant's reasons for such purposespostponement.

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 (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to performperform after the applicable notice and cure period. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant may, subject to Landlord’s prior approval, designate certain areas of Any such entry into the Premises by Landlord under this Article 27 shall be performed in a manner so as “Secured Areas” should Tenant require such areas for not to materially interfere with Tenant’s use of, or access to, 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 purposesPremises.

Appears in 1 contract

Samples: Office Lease (Selectica Inc)

ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to at reasonable hours and after reasonable notice, except In the event of an emergency in which event no notice shall be required, to: (ia) inspect them during normal business hoursthe Premises; (iib) show exhibit the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iiic) determine whether Tenant 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 nonresponsibilitynon-responsibility; and (f) make repairs required of Landlord under the terms hereof or make repairs to any adjoining space or utility services (ivincluding checking, adjusting, calibrating or balancing the HVAC system) alteror 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims 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 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 obtained by Landlord in the manner hereinbefore described 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. 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.or

Appears in 1 contract

Samples: Standard Office Lease (Cybergold Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except which notice, notwithstanding anything to the contrary contained in Article 28 of this Lease, may be oral, and which notice shall not be required in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchaserspurchasers or to current or prospective mortgagees, mortgagees or ground or underlying lessors or insurers, or to prospective tenants during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair make repairs to the Premises or to the Building if or to any equipment located in the Premises as Landlord shall reasonably deem necessary; or (v) to the extent necessary in order for Landlord to comply with current building codes take an action which Landlord has a right or other applicable lawsan obligation to take under the terms of this Lease, or for structural alterations, repairs as Landlord may be required to do by governmental or improvements to the Buildingquasi-governmental authority or court order or decree. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord, including janitorial service; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) pursuant to Section 26.1 of this Lease (except in the case of an emergency), perform any covenants of Tenant which Tenant fails to perform. Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with all entries into the Premises. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise provided specifically set forth in Section 19.5.2 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 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 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. Tenant mayNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, subject alterations or decorations except as otherwise expressly agreed 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. be performed by 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 purposesherein.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or tenants (but as to prospective tenants, only during the last nine twelve (912) months of the initial Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building. Tenant shall be offered an opportunity to accompany Landlord in connection with any such entry and Landlord shall use reasonable efforts to comply with Tenant’s security procedures in connection with such entry (except that these restrictions shall not apply in the case of an emergency where Tenant is not available to accompany Landlord). Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except Rent so long as otherwise provided in this LeaseTenant can continue to occupy and use any affected portion of the Premises for the same business purposes as Tenant had been using such affected portion prior to Landlord’s entry, and Landlord may take such reasonable steps as required to accomplish the stated purposes; , provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possiblenot materially and adversely interfere with Tenant’s normal business functions. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebythereby except any claims arising out of Landlord’s gross negligence or willful misconduct. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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 and Settlement Agreement (Peregrine Systems 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 (except in the case of an emergency) to enter the Premises to (ia) inspect them during normal business hours; the same, (iib) show the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine tenants, (9c) months determine whether Tenant is complying with all of the Lease TermTenant's obligations hereunder, to prospective tenants; (iiid) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours (except for janitorial service which provided that all such work shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except done as otherwise provided in this Lease, and may take such reasonable steps promptly as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause with as little interference to 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, 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 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 by Landlord 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. Tenant may, subject to Notwithstanding Landlord’s prior approval, designate certain areas of 's entering 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 case of an emergency, in which case Landlord shall provide 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 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 purposesmy designate hereafter in writing.

Appears in 1 contract

Samples: Lease (Advanta Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (which shall be no less than one (1) business day in advance, except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or (during the last nine twelve (912) months of the Lease Term) tenants, or to prospective tenantsthe ground or underlying lessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to performperform after any applicable notice and cure period. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided. Subject to the other provisions of this Lease, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In 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 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 (Cornerstone OnDemand 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 (except in the case of an emergency) hereunder or any other tenants, to enter the Premises to (i) inspect them during normal business hours; (ii) show the Premises same to prospective purchasers, mortgagees purchasers or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment tenants of the Premises, and any make such alterations, repairs, improvements, or additions, whether structural or otherwise, to the Premises as Landlord may deem necessary or desirable, or to post and keep posted thereon notices of non-responsibility or such other loss occasioned therebynotices which they may deem to CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. For each THE CONFIDENTIAL PORTIONS HAVE BEEN REDACTED AND ARE DENOTED BY A TRIPLE ASTERISK (***). THE CONFIDENTIAL PORTIONS HAVE BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. be proper for the protection of the above purposes, Landlord shall at all times have a key with which to unlock all the doors their interest in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergencythe event notice of entry is required, Landlord Tenant shall have the right to accompany any such persons in its discretion. Subject to Tenant’s right to require an escort, such parties may enter by means of a master key without liability to Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Such parties shall use reasonable efforts on any means that Landlord may deem proper such entry not to open the doors in unreasonably interrupt or interfere with Tenant’s use 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 occupancy 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 Sublease (Medicis Pharmaceutical Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except which, in the case absence of an emergency, shall not be less than twenty-four (24) hours) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (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. 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 22. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned 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 (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 (shall have the right to require that Landlord be accompanied by a representative of Tenant during such entry, except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hours; (ii) ), supply janitorial services, post notices of non-responsibility, show the Premises to prospective purchaserspurchasers or mortgagors/lenders, mortgagees or ground or underlying lessors or and, solely during the last nine (9) months of the Term of this Lease Term(unless a Tenant Default has occurred), to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) , 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, 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 BuildingPremises shall not be unreasonably obstructed thereby and provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Notwithstanding anything to Landlord will provide Tenant with at least two (2) business days’ prior notice (except in the contrary contained case of an emergency) of any of the actions set forth in this Section 19.1321.a. to be taken by Landlord if such action will substantially interfere with Tenant’s ability to (i) conduct business in the Premises, (ii) gain access to and from the Premises, or (iii) use or have access to and egress from the parking area. All other entries shall require at least one (1) business day advance notice. Landlord may enter shall use commercially reasonable efforts to ensure that the performance of any work of repairs or alterations described herein shall not materially interfere with Tenant’s use of or access to the Premises at (or any time portion thereof) or the Common Areas for Tenant’s business purposes (such efforts to (A) perform services required include, to the extent possible, limiting the performance of Landlord 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 perform. Landlord may make any such entries without work which might be disruptive to weekends or the abatement evening and the cleaning of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required any work area prior to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possiblecommencement 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 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 obtained by Landlord in the manner hereinbefore described 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 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 purposesthereof.

Appears in 1 contract

Samples: Office Building Lease (ExactTarget, Inc.)

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 (except in for the case purpose of an emergency) to enter inspecting the Premises to (i) inspect them during normal business hours; (ii) show same or for the Premises to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months purpose of the Lease Term, to prospective tenants; (iii) 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 for structural alterationson adjacent land owned by Landlord, repairs including the erection and maintenance of such scaffolding, canopies, fences and props as may be required without any abatement or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at reduction of Base Monthly Rent or without any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy occupation or quiet enjoyment of the PremisesPremises thereby occasioned provided that Landlord uses good faith, and reasonable efforts to minimize any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which undue disruption to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and operations or access to the Premises. Any entry into ; 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 by 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 in shall comply with Tenant’s security procedures applicable to the manner hereinbefore described Premises 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 unreasonably interfere with Tenant’s use 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: Lease Agreement (Xenoport Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Demised Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Demised Premises to prospective or existing purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.1321.8, Landlord may (but shall not be obligated to) enter the Demised Premises at any time to (Ai) perform services required take possession due to any breach of Landlord during normal business hours this Lease in the manner provided herein; (except for janitorial service which shall be performed after normal business hours); and (Bii) perform any covenants of Tenant which Tenant fails to performperform and (iii) correct (in whole or part) or otherwise deal with any emergency situation. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the 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 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. 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: Lease Agreement (Access Integrated Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises upon at least twenty-four (24) hours advance notice to Tenant to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may 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, that Landlord shall use commercially reasonable efforts to minimize any such unreasonable interference with Tenant's use and occupancy of the Premises as a result of any entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possibleby 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 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 mayshall have the right to have a representative of Tenant accompany Landlord during any such entry, 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 not be required to delay its entry if Tenant with notice does not have a representative available to accompany Landlord at its intended time 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 purposesentry.

Appears in 1 contract

Samples: Office Lease (Vivus 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 (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 during normal business hours; (ii) show purpose of inspecting the same or showing the Premises to prospective purchasers, mortgagees or ground or underlying lessors or lenders or, during the last nine twelve (912) 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 prospective tenants; (iii) post notices of nonresponsibility; , or (iv) to 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 alterationsany other business purpose, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at without any time to (A) perform services required rebate of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours); Rent and (B) perform without any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy 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 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 by Landlord in the manner hereinbefore described shall not be deemed construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual eviction or constructive eviction of Tenant from any portion of the Premises. 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 temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant which notice shall specify the date and time by reason of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to Tenant closure in the event case of an emergency, in which case emergency and when Landlord shall provide Tenant with notice of otherwise deems 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 purposesclosure 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 (of not less than one (1) business day, except in the case of an emergencyemergency where no notice shall be required) to Tenant to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or mortgagees, ground or underlying lessors or or, during the last nine (9) months of the Lease Term, to prospective 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 lawsRequirements, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided. In exercising its rights under this Article, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as Landlord will use commercially reasonable efforts to cause as little minimize unreasonable interference to Tenant as reasonably possiblewith Tenant's use of the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s '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. 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: Lease (Janux Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to tort (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, ; mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, '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 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 (Affymetrix 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 (except in the case of an emergencyEmergency, in which case no prior notice shall be required) to enter the Premises to (ia) inspect them during normal business hoursthem; (iib) show the Premises to current or prospective purchasers, mortgagees or Mortgagees, insurers, ground or underlying lessors or or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iiic) 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 BuildingPremises. Notwithstanding anything to the contrary contained in this Section 19.13Article 26, Landlord Landlord, its agents, employees and contractors, may enter the Premises at any time without prior notice to Tenant to (Ai) perform services required of Landlord during normal business hours Landlord, including, without limitation, janitorial service; (except for janitorial service which 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 be performed after normal business hoursnot 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 (Biv) perform take possession due to any covenants breach of this Lease in the manner provided herein. Notwithstanding anything to the contrary contained herein, Tenant which Tenant fails shall also permit other tenants and such tenant’s agents, employees and contractors to performenter the Premises for the purposes set forth in clauses (ii) and (iii) above. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided. If reasonably necessary for the protection and safety of Tenant and its employees, howeverLandlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, that 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 reasonable efforts to minimize interference with Xxxxxx’s operations in the Premises caused by such entry and to minimize the duration of any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possibleinterference. 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 use any means that Landlord may deem proper reasonable to open the doors in and to enter the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described 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 mayto close the Premises during Building Hours pursuant to this Article 26 for a period of more than seventy-two (72) hours, subject Tenant shall be entitled to Landlord’s prior approvalan abatement of Rent, designate certain areas commencing after the expiration of such seventy-two (72) hour period and continuing thereafter during the rest of the period that 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 are so required 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 purposesbe closed.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

ENTRY BY LANDLORD. Upon one (1) business days written notice, Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or or, during the last nine (9) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 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 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 (Pc Mall Inc)

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and its employees, agents and contractors to enter the right at Premises and all reasonable times and parts thereof upon reasonable not less than twenty-four (24) hours’ notice, which may be oral (or without notice to Tenant (except in the case of an emergency) at all reasonable times, subject to enter Tenant’s reasonable security requirements, for any of the Premises to following purposes: (i) to inspect them during normal business hoursthe 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 ground or underlying lessors or post “For Lease” signs for the purposes of re-letting the Premises during the last nine twelve (912) months of the Lease Term, ; (vi) to show the Premises to prospective tenantslenders or purchasers of the Building; and (iiivii) to post notices of nonresponsibility; or (iv) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as reasonably expeditiously as reasonably possible and in a manner so as to cause as reasonably little interference to Tenant as and shall be performed after business hours if reasonably possiblepractical. Landlord shall have such right of entry without any abatement of Rent to Tenant. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, Premises occasioned by such right of entry by Landlord. Landlord acknowledges and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means agrees that Tenant may require that Landlord may deem proper to open the doors in and to the Premises. Any be accompanied by an employee of Tenant during any such entry into the Premises by Landlord 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 in no event shall the unavailability of such escort at the time that Landlord may is permitted to enter the Secured Areas without notice to Tenant 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 event circumstances of an the 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 minimize any disruption to any such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposesTenant’s business operations.

Appears in 1 contract

Samples: Triple Net Space Lease (Financial Engines, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (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 Buildingperform Landlord’s Maintenance Responsibilities. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, (A) Landlord may enter the Premises at any time time, without notice to Tenant, in an Emergency (Aas defined below) perform services required of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform except in accordance with the preceding Clause (A), (X) Landlord shall be required to provide at least forty-eight (48) hours’ prior written notice of any covenants of Tenant which Tenant fails to perform. Landlord may make entry, (Y) any such entry must be accompanied by a Tenant representative and (Z) no such entry shall be permitted to any manufacturing or clean room areas except during planned shutdowns and for no more than one hour. Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s business operations in the Premises during any such entry shall be accomplished as expeditiously as reasonably possible entry. Subject to Section 6.8 and Landlord’s indemnity obligations in a manner so as to cause as little interference to Tenant as reasonably possible. this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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.occasioned

Appears in 1 contract

Samples: Lease Agreement (Fate Therapeutics Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to the Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or lessors, or, during the last nine fifteen (915) 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 prospective tenants; (iii) 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 (v) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours)under this Lease; and (B) perform perform, in accordance with the provisions of Article 26 of this Lease, any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise expressly provided in Section 19.7.2 of this Lease, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Subject to the provisions of Section 19.7.2 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, 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 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 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. Tenant may, subject after reasonable prior notice to and consultation with Landlord’s prior approval, 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. 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/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 (which shall be a minimum of 24 hours prior notice except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers, or (during the last nine (9) 9 months of the Lease Term, Term as such Lease Term may be extended) to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 26, Landlord may enter the Premises at any time during Business Hours and upon reasonable prior notice (other than regularly scheduled janitorial service which shall not require prior notice) to (A) perform services required of Landlord during normal business hours Landlord, including janitorial service; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages (other than personal injury and property damage to the extent caused by Landlord’s negligence or willful misconduct in connection with an entry by Landlord into the Premises) or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding anything contained in this Article 26, Tenant may, subject to Landlord’s prior approval, designate certain areas 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 “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property obligating Landlord to perform any repairs, alterations or confidential information. decorations except as otherwise expressly agreed to be performed by 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 purposesthis Lease.

Appears in 1 contract

Samples: Office Lease (Epicor Software Corp)

ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to by giving Tenant 24 hours written notice, except in the event of an emergency in which event no notice shall be required, to: (ia) inspect them during normal business hoursthe Premises; (iib) show exhibit the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iiic) determine whether Tenant 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 nonresponsibilitynon-responsibility; and (f) make repairs required of Landlord under the terms hereof or make repairs to any adjoining space or utility services (ivincluding checking, adjusting, calibrating or balancing the HVAC system) alteror 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims 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 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 obtained by Landlord in the manner hereinbefore described 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. 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 purposesthereof.

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 (except which notice, 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 (i) inspect them during normal business hoursthem; (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 nine (9) months of the Lease Term, to Term prospective tenants, in each case upon not less than one (1) business days' notice; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 26, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord, including janitorial service; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by TenantTenant in writing. In an emergency, Landlord shall have the right to 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. Tenant mayNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, subject alterations or decorations except as otherwise expressly agreed to Landlord’s prior approval, designate certain areas 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 “Secured Areas” should Tenant require such areas for the purpose a result 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 any 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 purposespermitted under this Article 26.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all Upon not less than one (1) business day’s notice and subject to Tenant’s reasonable times and upon reasonable notice to Tenant security requirements (except in the case of event an emergency) ), Landlord shall have the right to enter the Premises to (i) inspect them during normal business hoursthem; (ii) to show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or or, during the last nine (9) months 270 days of the Lease TermTerm only, to prospective tenants; (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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesperformed; provided, however, that any such entry entrance or work shall be accomplished as expeditiously as reasonably possible and not unreasonably interfere with Tenant’s use of the Premises. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in a manner so as to cause as little interference to Tenant as reasonably possible. 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 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 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 informationthereof. Landlord may only enter such Secured Areas upon two (2) business days’ notice shall not have the right to Tenant which notice shall specify post any “for sale” or “for lease” signs on the date and time of such entry by Landlord; provided, however, that Landlord may enter Real Property during 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 purposesLease Term.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or lessors, or, during the last nine six (96) months of the Lease Term, to prospective tenantsTenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any reasonable time following reasonable notice to Tenant (except in the event of an emergency in which case no notice shall be required) to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be accomplished as expeditiously as reasonably possible and performed in a manner so as not to cause unreasonably interfere with Tenant’s use of the Premises and shall be performed after normal business hours if reasonably practical. Except as little interference to Tenant as reasonably possible. 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 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 (Nara Bancorp Inc)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at any and all reasonable times and upon reasonable twenty- four (24) hours prior written notice to Tenant (except in the case of an emergency) ), have the right for itself, any lessor and their respective designees to enter the Premises 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 during normal 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 hours; (ii) 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 ground or underlying lessors or purchasers and/or lenders during the last nine term of this Lease. Tenant shall permit Landlord, at any time within six (96) months prior to the expiration of this Lease, to place upon the Lease TermPremises any usual or ordinary “For Lease” signs, and during 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; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above 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 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 obtained by Landlord in 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. 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: Shopping Center Retail Lease

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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 (Integrated Information Systems Inc)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and upon reasonable notice to Tenant (except in have, the case of an emergency) right to enter the Premises to (i) to inspect them during normal business hours; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, mortgagees lenders or ground tenants and to put 'for sale' or underlying lessors or during the last nine (9) months of the Lease Term'for lease' signs thereon, to prospective tenants; (iii) post notices of nonresponsibility; or (iv) to post notices required or allowed by this lease or by law, (v) 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, damage arising from Landlord's entry and acts pursuant to this paragraph and Tenant shall not be entitled to an abatement or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained reduction of rent if Landlord exercises any rights reserved in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyparagraph. 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 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 by Landlord 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 Premises. Tenant may, subject Premiss unless reasonably required in order for Landlord to Landlord’s prior approval, designate certain areas of fulfill its obligations under 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 purposesLease.

Appears in 1 contract

Samples: Lease (Novacept Inc)

ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice right, subject to Tenant (except in the case of an emergency) provisions below, to enter the Premises to (i) inspect them during normal business hours; hours to (iia) show inspect the Premises (including to prospective purchasersperform routine periodic inspections for compliance with environmental, mortgagees 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 ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility; or (iv) alternon - responsibility, 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner 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) to 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) to close all or a portion of the Premises when immediate danger to life, environment, or property is discovered until such danger has been reasonably mitigated; (iii) provide first response emergency fire and security responses, including armed and arrest capabilities, consistent with the Security Plan; and (iv) on behalf of Landlord, the EPA, the State of California, the Navy, the MEW Companies and other entities and governmental agencies that are involved in the remediation of, or that are responsible to remediate, existing or future contamination on or about the Property, the right to have 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 Environmental Law and requirements, subject to the terms and conditions of this Lease; 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 cooperate with Tenant in locating any such required equipment in locations and installing and implementing such systems in a manner that are compatible with the Conceptual 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 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 obtained by Landlord in the manner hereinbefore described 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 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 purposesthereof.

Appears in 1 contract

Samples: Adaptive Reuse Lease

ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord’s Agents to enter the right Premises at all reasonable times and times, upon reasonable notice to Tenant of at least twenty-four (24) hours (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 during normal business hours; (ii) show purpose of inspecting the same or showing the Premises to prospective purchasers, mortgagees lenders or ground or underlying lessors or tenants (provided that Landlord can only show the Premises to perspective tenants during the last nine (9) months of the Lease Term) or to provide services, to prospective tenants; (iii) 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 by Landlord under the terms hereof, or for structural alterationsany other business purpose, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at without any time to (A) perform services required rebate of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours); Rent and (B) perform without any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference liability to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy 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 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 by Landlord 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. 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: Lease Agreement (Trident Microsystems Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant Tenant, but in no event upon less than forty-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 (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) 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) perform services required of Landlord. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required take possession due to any breach of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours)this Lease in the manner provided herein; and (B) perform any covenants of Tenant which Tenant fails to performperform (subject to the terms and conditions of this Lease). Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant mayNo 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 LandlordTenant’s prior approval, designate certain areas 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 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. Notwithstanding the foregoing, however, that Landlord may enter the Secured Areas without notice to Tenant Premises immediately in the event of an emergencyemergency 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, in which case and if Landlord shall provide Tenant is not timely provided with notice access to the Premises as a result of such entry promptly thereafter. Tenant acknowledges Tenant’s security requirements or Tenant’s requirement that Landlord be accompanied by an employee of Tenant, then (a) Landlord shall have no obligation liability to provide janitorial service 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 Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposesperiod.

Appears in 1 contract

Samples: Office Lease (C3.ai, Inc.)

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ENTRY BY LANDLORD. Landlord reserves the right Upon at all reasonable times least twenty-four (24) hours prior written notice (which notice can be provided by email to Bxxxxx Xxxxxxxxx bxxxxxxxxx@xxxxxx.xxx and upon reasonable notice JXxxxxxxxx@xxxxxx.xxx) to Tenant (except in the case of an emergency, where no prior notice shall be required) and subject to Tenant’s reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspect them during normal business hoursinspecting and maintaining the Premises; (ii) show making repairs, alterations or additions to the Premises to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantsPremises; (iii) 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 to Landlord’s existing or potential successors, purchasers and lenders; provided that except for emergencies, any such entry shall be performed in a commercially reasonable manner in order to minimize the Building if necessary interference with Tenant’s use of the Premises and Tenant shall have the right to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Buildingrequire that Landlord be accompanied by a representative of Tenant during any such entry so long as Tenant makes a representative available at commercially reasonable times. Notwithstanding anything to the contrary contained contrary, Tenant may designate in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such writing certain reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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. In connection with the foregoing, Landlord may only shall not 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 except in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter. Tenant acknowledges 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 no obligation the right to provide janitorial service to any such Secured Areas except to place “For Lease” signs within the extent Tenant authorizes and permits access thereto for such purposesexterior Common Area.

Appears in 1 contract

Samples: Lease Agreement (Cutera Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, and its duly authorized representatives, shall, upon reasonable prior notice to Tenant (except in the case of an emergency) , where no such notice shall be required), have the right to enter the Premises at all reasonable times (at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, alterations, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (i) inspect them during normal business hours; (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 ground or underlying lessors or tenants during the last nine twenty-four (924) months preceding expiration of the term of this Lease Term, as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair purchasers and mortgagees. If Landlord’s access to the Premises for any purposes permitted under this Lease requires Landlord to access or work in any controlled or restricted areas within the Building if necessary Premises, then, except in case of emergency, Landlord must be accompanied by a Tenant representative (Tenant hereby agreeing to comply make a representative available during mutually convenient times for such purposes). To the extent possible under the circumstances, Landlord shall schedule non-emergency access to and repairs and maintenance within the Premises outside of normal business hours. In connection with current building codes or other applicable lawsall repairs and maintenance performed by Landlord within the Premises pursuant to this Section 16.19, or for structural alterations, repairs or improvements Landlord shall use commercially reasonable efforts to assure the safety of all persons affected thereby. In the event Tenant sends a notice alleging an emergency with respect to the Building. Notwithstanding anything existence of a dangerous or unsafe condition, any requirements for prior notice or limitations on Landlord’s access to the contrary Premises contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours (except for janitorial service which Lease shall be performed after normal business hours); and (B) perform any covenants of deemed waived by Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper immediately exercise its rights under this Section 16.19 and Section 16.17 in such manner as Landlord deems necessary in its sole discretion to open the doors in and to the Premisesremedy such dangerous or unsafe condition. 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 Except in the event of an emergency, in which case Landlord shall provide Tenant use commercially reasonable efforts to minimize any interference with notice Xxxxxx’s operations and use and occupancy of such entry promptly thereafterthe Premises in connection with the exercise of any of the foregoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord hereunder. Tenant acknowledges that Landlord shall have no obligation to provide janitorial service to comply with all Legal Requirements in connection with the exercise of any such Secured Areas except to of the extent Tenant authorizes and permits access thereto for such purposesforegoing rights.

Appears in 1 contract

Samples: Lease Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergencyemergency or if a judgment of unlawful detainer has been entered against Tenant) to enter the Premises escorted by Tenant’s employees (if Tenant provides an employee at such time) to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground to current or underlying lessors prospective Mortgagees or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, 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 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 Landlord shall repair any and all damage made to Tenant’s Premises made by 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 entry unless such entry is made to remedy acts, omissions, negligence or breaches of this Lease by Landlord; providedTenant. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, however, that alterations or decorations except as otherwise expressly agreed to be performed by 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 purposesherein.

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 the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or or, during the last nine twelve (912) 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 Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may 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 such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possiblewith 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 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 (Serena Software 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 and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hours; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal ordinary 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leaseor at other times, and may take upon such notice as is reasonable steps as required to accomplish under the stated purposes; providedcircumstances, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant may, subject to Landlord’s prior approval, designate certain areas of the Premises as “Secured Areas” should Tenant require such areas bona fide emergency situations) for the purpose of securing certain valuable property inspecting the same and making any necessary repairs to comply with any laws, ordinances, rules, regulations or confidential informationrequirements of any public body, or the Board of Fire Underwriters, or any similar body. Nothing herein contained shall imply any duty upon the part of Landlord to do any such work which, under any provision of this Lease, Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform the same. Landlord may only enter such Secured Areas upon two (2) agrees to use reasonable good faith efforts to minimize any interference or disruption of Tenant's use of the Demised Premises. However, Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business days’ notice or other damage to Tenant which notice by reason of making repairs or the performance of any work in or about the Demised Premises, or on account of bringing material, supplies and equipment into, upon or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall specify the date and time of such entry by Landlord; providednot be thereby affected in any manner whatsoever, however, except that Landlord may enter the Secured Areas without notice to Tenant in the event of an emergency, in which case Landlord Rent 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 equitably xxxxx to the extent that Landlord's activities materially interfere with Tenant's use of such portion of the Demised Premises. Tenant authorizes and permits access thereto for such purposes.may require that a representative of Tenant accompany Landlord or its agents on their entry into the Demised Premises under this Section 22.1 or Section 22.2. ------------ ------------

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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 (Aries Ventures 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 (except in the case of an emergency) to enter the Premises at any time and from time to (i) time to inspect them the same to determine whether Tenant is complying with its obligations hereunder; 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 business hours; (ii) show Building Hours and upon reasonable advance notice to Tenant, to exhibit the Premises to prospective purchaserspurchasers and mortgagees, mortgagees or ground or underlying lessors or (during the last nine one hundred eighty (9180) months days of the Lease Term, ) to prospective tenants; (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. Notwithstanding anything to the contrary contained in this (iii) circumstances governed by Section 19.13X.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 time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leasepurpose permitted hereunder, and may take to use reasonable efforts to coordinate any major service and major repair projects in such reasonable steps a manner as required to accomplish the stated purposesminimize disruption of Tenant's business operations; provided, however, that Landlord shall not be required to give Tenant any greater notice of any inspections or entry requested by any governmental representative or other third party entitled to such entry shall be accomplished as expeditiously as access than Landlord receives and can reasonably possible and in a manner so as provide to cause as little interference Tenant. In order to Tenant as reasonably possible. Tenant hereby waives any claims enter the Premises 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 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 or portions thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises, or 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 purposesthereof.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

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 ([which may be telephonic] except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hours; (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 purchasers or ground or underlying lessors or tenants during the last nine final eighteen (918) months of the Lease TermTerm (accompanied, in such event, by a representative of Tenant, provided Tenant in good faith uses reasonable efforts to cooperate with the scheduling of any such entry), to prospective tenants; (iii) post notices of nonresponsibility; or (iv) , to alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsas provided above, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at and without being deemed guilty of any time to (A) perform services required of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants eviction of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rentand, except as otherwise provided in this Leaseset forth below, without abatement of rent, and may take may, in order to carry out such reasonable steps as purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish be performed, provided that the stated purposes; provided, however, that any such entry business of Tenant shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause interfered with as little interference to Tenant as is reasonably possiblepracticable. 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 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 the Premises. Tenant may, subject its rights under this Paragraph 14 to Landlord’s prior approval, designate certain areas minimize any disturbance of Tenant's use and possession of the Premises and to provide 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’ much notice to Tenant which notice shall specify the date and time of such entry by Landlord; provided, however, that Landlord as 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 be reasonably possible prior to any such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposesexercise of Landlord's rights under this Paragraph 14.

Appears in 1 contract

Samples: Lease Agreement (Golden West Financial Corp /De/)

ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and times, upon reasonable twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) emergency when prior notice will not be required), have the right to enter the Premises Premises, inspect the same, provide any and all services which are to (i) inspect them during normal business hours; (ii) show the be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers, mortgagees purchasers or ground or underlying lessors or during the last nine (9) months of the Lease Termtenants, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, that Landlord may enter deem necessary or desirable and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, without abatement of rent so long as access to and use of the Premises at any time to (A) perform services required of Landlord during normal shall not be blocked or prevented thereby, and further providing that the business hours (except for janitorial service which shall be performed after normal business hours); and (B) perform any covenants of Tenant which shall not be interfered with unreasonably. So long as access to and use of the Premises is not blocked or prevented by Landlord's actions contemplated by the immediately preceding sentence, Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims have 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 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 obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from the Premises or any portion 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 purposesthereof.

Appears in 1 contract

Samples: Building Lease (Vdi Media)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, purchasers or prospective or then-existing mortgagees or ground or underlying lessors or (and during the last nine twelve (912) months of the Lease Term, to prospective tenants); (iii) 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 BuildingBuilding or the Project which Landlord is required or permitted to perform under this Lease. Notwithstanding anything to the contrary contained in this Section 19.13Article 25, Landlord may enter the Premises at any time to to: (A) perform services required of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours)Landlord; and (B) subject to all applicable terms and provisions of this Lease, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord shall use commercially reasonable efforts to minimize any disruptions to Tenant’s business in connection with such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possibleentries. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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 (NovaBay Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or lessors, or, during the last nine twelve (912) months of the Lease Term, to prospective tenantsTenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this LeaseSection 19.9, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry shall be accomplished as expeditiously as reasonably possible and performed in a manner so as not to cause unreasonably interfere with Tenant's use of the Premises and shall be performed after normal business hours if reasonably practical. Except as little interference to Tenant as reasonably possible. 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 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 to the contrary set forth above, Tenant may, subject to Landlord’s prior approval, 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 only not enter such Secured Areas upon two (2) business days’ notice to Tenant which notice shall specify except in the date and time case of such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to Tenant emergency or in the event of an emergencya Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days' prior written notice of the specific date and time of such entry promptly thereafter. Tenant acknowledges that Landlord shall have no obligation inspection with respect to provide janitorial service to any such Secured Areas except to the extent Tenant authorizes and permits access thereto for such purposesareas.

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/De)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable twenty-four (24) hours prior written notice to Tenant (or 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 (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibilitynon-responsibility; or (iv) alter, improve or repair the Premises or the Building if necessary to comply with current building codes or other applicable lawsBuilding, or for structural alterations, repairs or improvements to the BuildingBuilding or the Building Systems. Notwithstanding anything to the contrary contained in this Section 19.13Article 23, Landlord may enter the Premises at any time to (A) perform standard services required of Landlord during normal business hours Landlord, including janitorial service; (except for janitorial service which shall be performed after normal business hours)B) take possession due to a default by Tenant in the manner provided herein; and (BC) subject to the terms of Section 19.7, above, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that except for emergencies, any such entry shall be accomplished as expeditiously as reasonably possible and performed in a an expeditious manner so as not to cause 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 disruption to Tenant’s business operations. Except as little interference to Tenant as reasonably possible. 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 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. Tenant mayNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, subject alterations or decorations except as otherwise expressly agreed 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. be performed by 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 purposesherein.

Appears in 1 contract

Samples: Office Lease (GoodRx Holdings, Inc.)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement axxxxxxnt of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the 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 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 (Capital Growth Holdings LTD /De/)

ENTRY BY LANDLORD. Landlord reserves reserves, and shall at all times have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthe 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 lenders or ground or underlying lessors or during tenants (but only after the last nine (9) months giving of the Lease Term, no less than 8 hours notice by Landlord to prospective tenantsTenant); (iii) to determine whether Tenant is in compliance with all of its obligations hereunder; 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. Notwithstanding anything ; and to change the contrary contained in this Section 19.13use of all or any part of the Building, other than the Premises, provided that Landlord may enter shall use reasonable efforts to minimize any interference with Tenant's use and enjoyment of the Premises at caused by any time to (A) perform services required 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 during normal business hours (except for janitorial service which to Tenant, and shall be performed after normal business hours); and (B) perform not entitle Tenant to any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement reduction of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that in the event that the exercise by Landlord of any such entry of the foregoing rights shall result in a permanent actual decrease in the rentable area of the Premises, then the Rent shall be accomplished as expeditiously as reasonably possible and reduced in a manner so as proportion to cause as little interference to Tenant as reasonably possiblesuch decrease. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyby such entry. 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 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 obtained by " Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from all or 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: Lease Agreement (Biomarin Pharmaceutical Inc)

ENTRY BY LANDLORD. Landlord reserves shall have the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to at reasonable hours and after reasonable notice, except in the event of an emergency in which event no notice shall be required, to: (ia) inspect them during normal business hoursthe Premises; (iib) show exhibit the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iiic) determine whether Tenant 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 nonresponsibilitynon-responsibility; and (1) make repairs required of Landlord under the terms hereof or make repairs to any adjoining space or utility services (ivincluding checking, adjusting, calibrating or balancing the HVAC system) alteror 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims 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 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 obtained by Landlord in the manner hereinbefore described 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. 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.thereof

Appears in 1 contract

Samples: Office Sublease Agreement (Jaguar Health, Inc.)

ENTRY BY LANDLORD. Section 16.01. Landlord reserves the right at all reasonable times and may, upon reasonable twenty-four (24) hours prior notice to Tenant (except or at any time in the case of an emergency) to ), enter the Premises at reasonable hours to (ia) inspect them during normal business hours; the same, (iib) show exhibit the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine tenants, (9c) months of the Lease Termdetermine whether Tenant is complying with all its obligations hereunder, to prospective tenants; (iiid) post notices of nonresponsibility; , and (e) make repairs required of Landlord under the terms hereof or (iv) alterrepairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesReal Property; provided, h however, that any all such work or entry shall be accomplished done as expeditiously promptly as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims claim for ' damages or for any injuries 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 use any and all reasonable means that Landlord may deem proper as warranted by the nature of the emergency to open any of the doors in, on or about the Premises (excluding Tenant's vaults, safes and similar areas designated in and writing by Tenant in advance) in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. Section 16.02. Landlord shall have the right from time to time to alter the Premises and, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Premises and to change the name, number or designation by which the Premises are commonly known, provided any such change does not (a) unreasonably reduce, interfere with or deprive Tenant from any portion of access to the Premises or (b) reduce the area (except by a de minimus amount) of the Premises. 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: Lease Agreement (Valley Media 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 (except in the case of an emergency) to enter on the Premises to (i) inspect them during normal business hours; (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 or ground or underlying lessors or during inspect the last nine (9) months of the Lease Termsame, supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers or tenants; (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 necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 19.13, that Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries deem necessary or desirable, without the abatement of Rent, except as otherwise provided in this Leaserent, and may take such reasonable steps as for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to accomplish the stated purposes; be performed, provided, however, that the entrance to the Premises shall not be blocked thereby and provided further that Landlord shall not unreasonably interfere with Tenant's use and possession of the Premises. Except in case of an emergency, Landlord shall give Tenant at least three (3) hours prior notice before entering the premises for any such entry of the purposes enumerated above other than for the purpose of making improvements or repairing the Premises in which event Tenant shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possiblereceive at least 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 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 obtained by Landlord in the manner hereinbefore described 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 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 purposesthereof.

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 (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore 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, 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 (Capstone Turbine Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) 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 such entry; (iii) 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, including, without limitation, the East Channel located behind the Building. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required intentionally omitted; (B) take possession due to any breach of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours)this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries (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 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 mayNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, subject alterations or decorations except as otherwise expressly agreed 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. be performed by 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 purposesherein.

Appears in 1 contract

Samples: Lease (Bloom Energy Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or lessors, or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any material, uncured breach of this Lease in the manner provided herein; and (BC) perform any material covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may take such reasonable steps as reasonably required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, 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 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 (U S Interactive Inc/Pa)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable Upon twenty-four (24) hours prior notice to Tenant (except or at any time in the case of an emergencyemergency or for the purposes described in clauses (d) and (f) below), Landlord, its agents, contractors, vendors and service providers shall have the right to enter the Premises to at reasonable hours to: (ia) inspect them during normal business hoursthe same; (iib) show exhibit the Premises same to prospective purchasers, mortgagees lenders or ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenants; (iiic) 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 Project; (e) 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesProject; provided, however, that any all such entry work shall be accomplished done as expeditiously promptly as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims claim for damages or for any injuries 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 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 obtained by Landlord in the manner hereinbefore described 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. 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 purposesthereof.

Appears in 1 contract

Samples: Lease Agreement (Durect Corp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable notice to the Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord during normal business hours Landlord; (except for janitorial service which shall be performed after normal business hours)B) take possession due to any breach of this Lease in the manner provided herein; and (BC) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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 (Central Coast Bancorp)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice (of not less than 48 hours) to Tenant (except in the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors or during the last nine (9) months of the Lease Term, to prospective tenantslessors; (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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to Tenant, in emergency situations (Aprovided that notice of such entry shall be given after the fact as soon as reasonably practical) and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which 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 performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, provided that any such entry Landlord shall be accomplished as expeditiously as reasonably possible and in a manner so as use commercially reasonable efforts to cause as little minimize interference to Tenant as reasonably possiblewith Tenant's use. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not 843078.08/SD374622-00033/8-4-16/MLT/dek -41- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. 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: Lease (Achaogen Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable prior notice to Tenant (not less than 48 hours 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 and Project to (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or tenants (provided that with respect to prospective tenants, only during the last nine twelve (912) months of the Lease Term, and 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 current or prospective tenantsmortgagees, ground or underlying lessors or insurers; (iii) 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), contractors and service providers shall be required to execute Tenant’s standard confidentiality agreement, provided that in the event of an Emergency such visitors, contractors and service providers shall be required to execute Tenant’s standard confidentiality agreement if reasonably possible. At Tenant's option, Tenant may require that an employee of Tenant accompany any such visitors. Notwithstanding anything to the contrary contained in this Section 19.13Article 27, Landlord may enter the Premises at any time to (A) perform services required take possession due to any Default by Tenant of Landlord during normal business hours (except for janitorial service which shall be performed after normal business hours)this Lease in the manner provided herein; and (B) subject to the terms of Section 26.1, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise to the extent provided in this Lease, Section 19.5.2) and 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 such entry shall be accomplished as expeditiously as not to materially interfere with Tenant’s use of the Premises and to perform the same after business hours if reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possiblepractical. 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 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 mayNo provision of this Lease shall be construed as obligating Landlord to perform any repairs, subject 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 Landlord’s prior approvalbe performed by Landlord herein. For purposes of this Lease, designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property an "Emergency" shall mean a situation that threatens imminent material harm to persons 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 purposesproperty.

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 (except in the case of an emergency) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or (during the last nine (9) months of the Lease Term) tenants, or to prospective tenantsthe ground 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 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 time, without notice to (A) perform services required of Landlord during normal business hours (except for janitorial service which Tenant, in emergency situations. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned 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. 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 may, subject 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 prior approval, designate certain areas of right to access 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 purposesPremises).

Appears in 1 contract

Samples: Lease (Kura Oncology, Inc.)

ENTRY BY LANDLORD. To permit the Landlord reserves and those authorized by it to enter upon the right at all reasonable times Demised Premises or any part thereof and upon reasonable notice to Tenant 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 (except 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, replacing or installing any Conducting Media comprised in the case Demised Premises which serves or is capable of an emergency) to enter being passed through the Demised Premises to (i) inspect them during normal business hours; (ii) show serve other premises; 3.9.7 preparing any schedule of works drawings specifications or estimates required by the Premises Landlord prior to prospective purchasers, mortgagees or ground or underlying lessors or during the last nine (9) months in contemplation of the Lease Term, to prospective tenants; (iii) post notices exercise by the Landlord 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. Notwithstanding anything to the contrary contained in this Section 19.13, Landlord may enter the Premises at any time to (A) perform services required of Landlord 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 perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in rights under this Lease, ; 3.9.8 to 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 prevent forfeiture of any superior lease; 3.9.9 in connection with any rent review or any impending or intended step under the Landlord and may take such reasonable steps as required to accomplish the stated purposes; provided, however, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to Act 1954; 3.0.00 xxxxxxxxng without interruption 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 rights reserved or granted to it by virtue of the 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 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 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: Lease (Pride Automotive Group Inc)

ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon reasonable twenty-four (24) hours’ notice to Tenant (except in the case emergency situations and/or to perform janitorial or other services required of an emergencyLandlord under this Lease, in which event no prior notice shall be required) to enter the Premises to to: (i) inspect them during normal business hoursthem; (ii) show the Premises to prospective purchasers, mortgagees or ground or underlying lessors or tenants (with respect to prospective tenants, during the last nine twelve (912) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the 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. Notwithstanding anything to the contrary contained in this Section 19.13Article 22, Landlord may enter the Premises at any time time, without notice to (A) Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord during normal business hours (except for janitorial service which pursuant to this Lease. Any such entries shall be performed after normal business hours); and (B) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, Rent and may 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, that any such entry shall be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s 's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant’s 's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to 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 course of an emergencytaking such action, in which case Landlord shall provide Tenant use commercially reasonable efforts not to interfere with notice or adversely affect Tenant’s business operations at the Premises (subject to events and circumstances outside 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 purposesLandlord’s reasonable control).

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

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