Common use of ENTRY BY LANDLORD Clause in Contracts

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (e.l.f. Beauty, Inc.)

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ENTRY BY LANDLORD. Except as otherwise expressly provided herein below, Landlord may, at any and all reasonable times, shall have the right to enter the Premises at reasonable hours upon at least twentyforty-four eight (48) hours prior advance notice (except in the case of provided that no advance notice need be given if an emergency or (as determined by Landlord in its good faith judgment) necessitates an immediate entry), to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderPremises, (b) supply janitorial and any other service Landlord is required exhibit the Premises to provide hereunder and perform repairs required under this Leaseprospective purchasers, tenants or lenders, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months post notices of the term, to prospective tenantsnon-responsibility, (d) post notices of nonresponsibilitymake any repairs to the Premises, and alter(e) conduct invasive and non-invasive tests, improve or repair analysis, investigations and studies of the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions condition of the Premises without Tenant's consent) provided that such construction activity does not unreasonably interfere with Xxxxxx’s use and occupancy of the Premises; provided that, Landlord shall at all times be accompanied by a representative of Tenant during any entry into the Building by Landlord (or so long as Tenant makes a representative available). Tenant waives all claims for damages for any injury or inconvenience to or interference with Xxxxxx’s business, any loss of occupancy or quiet enjoyment of the Premises or any other portion of the Real Property. In connection with loss occasioned by such entry provided that any such alteration, improvement or repair, Landlord may erect if entry (and any work in connection therewith) shall be concluded as promptly as reasonably required in the Premises or elsewhere in the Real Property scaffolding practicable and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner so as to cause as little interference to Tenant as reasonably possiblepracticable. In any entrance into the Premises pursuant to the provisions of this Section 4.5, Landlord shall at all times retain a key comply with which Tenant’s reasonable security and confidentiality procedures previously detailed by Tenant to unlock all of the doors in the PremisesLandlord, except Xxxxxx’s vaults, safes and to the Secured Areas (as defined below). If extent Landlord or its agents reasonably determine that an emergency necessitates immediate access makes compliance with such procedures impracticable. Notwithstanding anything to the Premisescontrary contained in this Section 4.5, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas as reasonably required for the purpose purposes of securing certain valuable property or and confidential information. , including, without limitation, as may be required by legal Requirements, and Landlord shall have no obligation right whatsoever to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case unless accompanied by a representative of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesTenant.

Appears in 1 contract

Samples: Lease (Maravai Lifesciences Holdings, Inc.)

ENTRY BY LANDLORD. 1.1 Landlord may, at any and all reasonable times, shall have the right to enter the Premises reasonable times and upon first giving at least twenty-four hours prior 48 hours’ notice to Tenant (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case no such reasonable notice shall may be requiredless than 48 hours) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderPremises, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show exhibit the Premises to prospective purchasers or lenders, purchasers or, and during the last final twelve (12) months of the termLease Term, to prospective tenants, (c) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility, and alter(f) make any repairs to the Premises, improve or repair the Premises (howevermake any repairs to any adjoining space or utility services, no such changes shall be made or make any repairs, alterations or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alterationBuilding, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to shall be done in such a manner as promptly as reasonably practicable and so as to cause as little interference to Tenant as reasonably possiblepracticable. So long as such entry by Xxxxxxxx does not materially adversely affect Tenant’s access to and use of the Premises, Tenant waives all claims for damages for any injury or inconvenience to or interference with Xxxxxx’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. 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, except XxxxxxPremises (but excluding Tenant’s vaults, safes safes, and special security areas designated in writing by Tenant and approved in writing by Landlord in advance), and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open such doors in an emergency necessitates immediate access to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord by any of such means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, Premises or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.1131701.06/SF372493-00050/1-31-20/pwn/pwn -22-

Appears in 1 contract

Samples: Lease (Dexcom Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to the Tenant to enter the Premises upon at least twenty-four hours prior notice to (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, Premises; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, to prospective mortgagees or tenants, or to the ground or underlying lessors; (diii) post notices of nonresponsibility, and non-responsibility; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) subject to Article 19, take possession due to any breach of this Lease in the Premises manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform beyond applicable notice and cure periods. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or elsewhere in the Real Property scaffolding and other structures reasonably required for the work any injuries or inconvenience to be performed. Except as expressly provided in this Leaseor interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Athira Pharma, Inc.)

ENTRY BY LANDLORD. Tenant shall permit Landlord may, and Landlord’s Agents to enter the Premises at any and all reasonable times, enter the Premises upon reasonable notice of at least twenty-four (24) hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in for which case no such notice shall be required) to: (a) inspect ), and subject to Tenant’s reasonable security arrangements, for the purpose of inspecting the same and or showing the Premises to determine whether Tenant is in compliance with its obligations hereunderprospective purchasers, lenders or tenants (b) supply janitorial and any other service provided that Landlord is required to provide hereunder and perform repairs required under this Lease, (c) can only show the Premises to prospective lenders, purchasers or, perspective tenants during the last twelve nine (129) months of the termTerm) or to provide services, alter, improve, maintain and repair the Premises or the Building as required or permitted by Landlord under the terms hereof, or for any other business purpose, without any rebate of Rent and without any liability to prospective tenants, Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned (d) 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 nonresponsibilitynon-responsibility and “for sale” or “for lease” signs, and alter, improve or repair except that Landlord may only post “for lease” signs at the Premises during the last nine (however, no 9) months of the Term. No such changes entry shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work construed to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such Secured Areas except closure in the case of an emergency or in the event of a and when Landlord inspection, in which case otherwise deems such closure necessary. Landlord shall provide Tenant use commercially reasonable efforts while entering the Premises pursuant to this Paragraph 20 to minimize any interference with ten (10) days’ prior written notice Tenant’s use of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesPremises.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

ENTRY BY LANDLORD. Upon at least one (1) business day's notice, ----------------- Tenant agrees to permit Landlord may, and authorized representatives of Landlord to enter upon the Demised Premises at any and all reasonable times during ordinary business hours (or at other times, enter and upon such notice as is reasonable under the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leasecircumstances, in which case no such notice shall be requiredbona fide emergency situations) to: (a) inspect for the purpose of inspecting the same and making any necessary repairs to determine whether Tenant is in compliance comply with its obligations hereunderany laws, (b) supply janitorial and ordinances, rules, regulations or requirements of any other service public body, or the Board of Fire Underwriters, or any similar body. Nothing herein contained shall imply any duty upon the part of Landlord is required to provide hereunder and perform repairs required do any such work which, under any provision of this Lease, (c) show Tenant may be required to perform and the Premises performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to prospective lenders, purchasers or, during perform the last twelve (12) months same. Landlord agrees to use reasonable good faith efforts to minimize any interference or disruption of Tenant's use of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyDemised Premises. In connection with any such alteration, improvement or repairHowever, Landlord may erect if reasonably required shall not in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required any event be liable for the work to be performed. Except as expressly provided in this Leaseinconvenience, and provided Landlord complies with the express requirements set forth in this Leaseannoyance, in no event shall such entry or work entitle Tenant to an abatement of rentdisturbance, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference other damage to Tenant as reasonably possible. Landlord 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 at all times retain a key not be thereby affected in any manner whatsoever, except that Rent shall equitably xxxxx to the extent that Landlord's activities materially interfere with which to unlock all Tenant's use of such portion of the doors in the Demised Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Tenant may require that a representative of Tenant accompany Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful its agents on their entry into the Premises, a detainer of the Premises, Demised Premises under this Section 22.1 or an eviction of Tenant from the Premises, or any portion thereof. a. 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 informationSection 22.2. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.------------ ------------

Appears in 1 contract

Samples: Lease (Wells Real Estate Investment Trust Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to the Tenant to enter the Premises upon at least twenty-four hours prior notice to (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, to prospective mortgagees or tenants, or to the ground or underlying lessors; (diii) post notices of nonresponsibility, and non-responsibility; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the Premises manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or elsewhere in for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Aries Ventures Inc)

ENTRY BY LANDLORD. Landlord may, and its agents shall be entitled to enter into and upon the premises at any and all reasonable times, enter the Premises upon at least twenty-four (24) hours prior notice (except in m the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case event no such notice shall be required) to: ), for the following purposes: (a) to inspect or make repairs, alterations or additions to all or any portion of the same premises which Landlord may deem appropriate (i) to comply with any laws, ordinances, rules, regulations, or policies of any governmental authority or Landlord's insurance carrier(s), or (ii) to prevent waste or deterioration of the Project, or (iii) to promote the general welfare and safety of occupants of the Project, or (iv) to determine whether Tenant is enhance the value of the Project, or (v) to perform construction work elsewhere in compliance with its obligations hereunderthe Building adjacent to, above, or below the premises, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required; or (b) supply janitorial to post notices of non-responsibility for alterations, additions, or repairs; or (c) to place upon the premises any ordinary "for sale" signs and any other service Landlord is required to provide hereunder and perform repairs required under show the premises to prospective purchasers or lenders; and, during the ninety (90) day period prior to the expiration of this Lease, (c) show or upon any Event of Default, to place upon the Premises premises /s/ illegible /s/ MAB ------------- ------- Landlord 22 Tenant any usual or ordinary "for lease" signs and exhibit the premises to prospective lenders, purchasers or, during the last twelve (12) months tenants at reasonable hours. Xxxxxxxx's rights of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except entry as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event Paragraph 21 shall such entry or work entitle Tenant be subject to an abatement of rent, constitute an eviction the reasonable security regulations of Tenant, constructive and to the requirement that Landlord shall use reasonable efforts to minimize interference with Xxxxxx's business activities on the premises. The preceding sentence shall not require the use of overtime labor or otherwise, the conduct of any work or impose upon other activities of Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of during Xxxxxx's non-business or profits by Tenanthours. Landlord shall use good faith efforts be entitled to cause all such work to be done in such a manner as to cause as little interference exercise the foregoing rights without any abatement of rent and without liability to Tenant as reasonably possible. Landlord shall at all times retain a key for any injury or inconvenience to or interference with which to unlock all Xxxxxx's business, quiet enjoyment of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premisespremises, or any portion thereofother loss occasioned thereby. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease Agreement (Corsair Communications Inc)

ENTRY BY LANDLORD. Landlord may, and its employees and agents will at any and all reasonable times, times during normal business hours have the right to enter the Premises upon to inspect the same, to show the Premises to prospective purchasers or tenants (such right to show the Premises to prospective tenants may only be exercised during the last nine (9) months of the Term and only if Tenant has not exercised a validly existing extension option), to post notices of nonresponsibility, and/or to repair the Premises as permitted or required by this Lease. In exercising such entry rights, Landlord will endeavor to minimize, as reasonably practicable, the interference with Tenant's business, and will provide Tenant with reasonable advance notice of at least twenty-four (24) hours prior notice of any such entry (except in emergency situations). Tenant shall have the case of an right to appoint a representative to accompany Landlord during any non-emergency or to supply normal and regular janitorial or security services pursuant to entry onto the terms of the LeasePremises. Landlord may, in which case no order to carry out such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderpurposes, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall will at all times have and retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes excluding Tenant's vaults and safes. Landlord will have the Secured Areas (as defined below). If right to use any and all means which Landlord may reasonably deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises shall obtained by Landlord by any of said means, or otherwise, will not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation will not be liable to provide either janitorial service Tenant for any damages or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timeslosses for any entry by Landlord.

Appears in 1 contract

Samples: Work Letter Agreement (Rainbow Technologies Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable timestimes and upon reasonable notice to Tenant, enter the Premises but in no event upon at least twentyless than forty-four hours eight (48) hours’ prior written notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case event no such written notice shall be required) to: ), to enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment; or (however, no such changes shall be made v) perform services required of Landlord. Notwithstanding anything to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably required enter the Premises at any time to (A) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (B) perform any covenants of Tenant which Tenant fails to perform (subject to the Real Property scaffolding terms and other structures reasonably required for conditions of this Lease). Landlord may make any such entries without the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Lease, in no event shall such entry or work entitle stated purposes. Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord shall use commercially reasonable efforts to minimize any portion thereof. a. interference to the conduct of Tenant's business during any such entry. Landlord’s entry into the Premises shall be subject to Tenant’s commercially reasonable security requirements. Landlord acknowledges and agrees that Tenant may designate certain areas require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord. Notwithstanding the foregoing, Landlord may enter the Premises immediately in the event of an emergency without regard to such requirements. If access to the Premises is reasonably required in order for Landlord to perform any of its obligations under this Lease, and if Landlord is not timely provided with access to the Premises as “Secured Areas” should Tenant require such areas for the purpose a result of securing certain valuable property Tenant’s security requirements or confidential information. Tenant’s requirement that Landlord be accompanied by an employee of Tenant, then (a) Landlord shall have no obligation liability to provide either janitorial service Tenant for Landlord's failure to perform such obligations as a result thereof or cleaning in the Secured Areas. any damage accrued during such period, (b) Tenant hereby waives all claims against Landlord may not enter such Secured Areas except in the case of emergency at law or in the event of equity as a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time result of such failure by Landlord inspection or any damage accrued during such period, and (c) Tenant shall allow an employee of Tenant to accompany protect, defend, indemnify and hold Landlord at harmless from all timesloss, costs (including reasonable attorneys' fees) and liability accrued during any such period.

Appears in 1 contract

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

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, enter the Premises upon Upon at least twenty-four (24) hours prior written notice (which notice can be provided by email to Bxxxxx Xxxxxxxxx bxxxxxxxxx@xxxxxx.xxx and JXxxxxxxxx@xxxxxx.xxx) to Tenant (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case where no such prior notice shall be required) toand 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: (ai) inspect inspecting and maintaining the same Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to determine whether Tenant is in compliance with its obligations hereunderbe the responsibility of Landlord, (bv) supply janitorial posting and keeping posted thereon notices of non-responsibility for any other service Landlord is construction, alteration or repair thereof, as required to provide hereunder or permitted by any Law, and perform repairs required under this Lease(vi) placing “For Sale” signs, (c) show and showing the Premises to prospective lendersLandlord’s existing or potential successors, purchasers orand lenders; provided that except for emergencies, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no any such changes entry shall be made performed in a commercially reasonable manner in order to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) minimize the interior portions interference with Tenant’s use of the Premises without Tenant's consent) or any other portion and Tenant shall have the right to require that Landlord be accompanied by a representative of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and during any such entry so long as Tenant makes a representative available at commercially reasonable times. Notwithstanding anything to the Premises shall not constitute a forcible or unlawful entry into the Premisescontrary, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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 have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case event of emergency an emergency. Tenant shall permit Landlord and Landlord’s agents, at any time within nine (9) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder), to place upon the Premises “For Lease” signs, and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. At any time when Tenant does not rent all rentable space in the event of a Landlord inspectionProject, 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 which case default hereunder) if Tenant does rent all rentable space in the Project, Landlord shall provide Tenant with ten (10) days’ prior written notice of have the specific date and time of such Landlord inspection and shall allow an employee of Tenant right to accompany Landlord at all timesplace “For Lease” signs within the exterior Common Area.

Appears in 1 contract

Samples: Lease Agreement (Cutera Inc)

ENTRY BY LANDLORD. Landlord may, at any reserves (for itself and all reasonable times, enter its Mortgagees and designees) the Premises right upon at least twentynot less than forty-four eight (48) hours prior written notice to Tenant (except that no notice shall be required in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective capital partners, investors, Mortgagees, ground or underlying lessors and/or insurers or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and nonresponsibility (to the extent applicable pursuant to then-applicable Legal Requirements); (iv) alter, improve or repair the Premises Premises, the Building or the Building’s Systems and equipment, or for structural alterations, repairs or improvements to the Building; (howeverv) intentionally omitted; (vi) preserve the walls or structures of the Building from injury, no such changes and to protect the Building by proper securing of foundations in case any excavation shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) for building or improvements or for any other portion purpose upon the land adjacent to or near the Premises; and/or (vii) exercise any right of the Real PropertyLandlord under this Lease. In connection with any such alterationaddition, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force extent that it is necessary to enter the Premises in order to access any area that serves any portion of the Building outside the Premises, then Tenant shall, upon as much advance notice as is practical under the circumstances, and in any event at least twenty-four (24) hours’ prior written notice (except that no notice shall be required in emergency situations), permit contractors engaged by other occupants of the Building to pass through the Premises in order to access such areas but only if accompanied by a representative of Landlord. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any such entry other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key or pass code with which to unlock all the doors in the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open any and all doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation use commercially reasonable efforts to minimize any unreasonable interference with Txxxxx’s use and occupancy of, and access to, the Premises in connection with the exercise of Landlord’s rights pursuant to this Article 27. Notwithstanding anything to the contrary, notice required by this Article 27 may be delivered via electronic mail to the email address(es) designated by Tenant from time to time for such purpose and shall not be required to be sent to the parties listed in or designated pursuant to Section 29.18 of the Lease. Tenant hereby agrees to provide either janitorial service or cleaning in such email address(es) to Landlord promptly upon Lxxxxxxx’s request therefor (and the Secured Areas. email address(es) provided may be used by Landlord may not enter such Secured Areas except in the case until Tenant notifies Landlord of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10any change(s) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesthereto).

Appears in 1 contract

Samples: Lease Agreement (Camp4 Therapeutics Corp)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior (24) hours’ written or oral notice (except in to Tenant to enter the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers or mortgagees, purchasers or, or to the ground or underlying lessors; (iii) during the last twelve six (126) months of the termLease Term, to show the Premises to prospective tenants, ; (div) to post notices of nonresponsibility, and ; or (v) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably required in enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performedthis Lease. Except as to the extent expressly provided set forth to the contrary in this Lease, any such entries shall be without the abatement of Rent and provided Landlord complies with shall include the express requirements set forth in this Lease, in no event shall right to take such reasonable steps as required to accomplish the stated purposes. During any such entry or work entitle Tenant to an abatement of rentby Landlord, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith commercially reasonable efforts to cause all minimize any interference with Tenant’s business operations in the Premises. Tenant hereby waives any claims for damages or for any injuries occasioned by such work entry, except to be done in the extent caused by the gross negligence or willful misconduct of Landlord. Tenant further waives any claims for damages for interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises occasioned by such a manner as to cause as little interference to Tenant as reasonably possibleentry. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and the Secured Areas (as defined below)special security areas designated in advance by Tenant. If In an emergency necessitates immediate access to the Premisesemergency, Landlord may use whatever force is necessary shall have the right to enter without notice and use any means that Landlord may deem proper to open the Premises doors in and any such entry to the Premises (provided that Landlord shall be liable for any damage to the Premises or any personal property of Tenant located therein to the extent caused by the gross negligence or willful misconduct of Landlord). Any entry into the Premises in the manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Intervoice Inc)

ENTRY BY LANDLORD. Except as otherwise set forth in this Lease, Landlord may, reserves the right at any and all reasonable times, times and upon at least forty-eight (48) hours' prior written notice to the Tenant to enter the Premises upon at least twenty-four hours prior notice to (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers or mortgagees, purchasers oror to the ground or underlying lessors, or show the Premises to prospective tenants during the last twelve (12) 6 months of the termTerm (unless Tenant has agreed to, to prospective tenantsor has exercised an option to, renew or extend the Term of this Lease); (diii) post or serve notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current Building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably required in enter the Premises or elsewhere in the Real Property scaffolding and other structures reasonably at any time to (A) perform services required for the work to be performed. Except of Landlord (except as expressly provided in this Lease, and provided Landlord complies with the express requirements otherwise set forth in this Lease, ); (B) take possession to the extent provided in no event Section 20 as part of Landlord's remedies under this Lease; (C) perform any covenants of Tenant which Tenant fails to perform to the extent provided in Section 26 of this Lease; or (D) to address an emergency. Any such entries shall such entry or work entitle Tenant to an be without the abatement of rentRent, constitute shall not be deemed an eviction of Tenant, constructive or otherwiseunlawful entry, or impose upon Landlord an actual or constructive eviction, and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of business occupancy or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer quiet enjoyment of the Premises, or an eviction of Tenant from and any other loss occasioned thereby. Notwithstanding the Premises, foregoing or any portion thereof. a. Tenant may designate certain areas of other provision to the contrary in this Lease, the parties hereto agree and acknowledge that Landlord or any other party entering the Premises pursuant to the rights granted in this Article 27 or elsewhere in this Lease (each such party, including Landlord, being hereinafter called a "Landlord Party") shall cause as “Secured Areas” should little inconvenience, annoyance and disturbance to Tenant require such areas for as is reasonably possible under the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspectioncircumstances, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesexercising commercially reasonable efforts.

Appears in 1 contract

Samples: Office Lease (INX Inc)

ENTRY BY LANDLORD. Landlord mayLandlord, at any and all reasonable timesLandlord's authorized agents and employees, reserves and shall have the right to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or any time and from time to supply normal and regular janitorial or security services pursuant time to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance complying with its obligations hereunder, (b) ; to supply any service to be provided by Landlord hereunder; to supply janitorial service and any other routine service to be provided by Landlord is required to provide hereunder Tenant hereunder; during normal Building Hours and perform repairs required under this Leaseupon reasonable advance notice to Tenant, (c) show to exhibit the Premises to prospective lenderspurchasers and mortgagees, purchasers or, or (during the last twelve one hundred eighty (12180) months days of the term, Term) to prospective tenants, (d) ; to post notices of nonresponsibility, ; and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alterationBuilding and Project, improvement or repairwithout abatement of rent, in which case Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures that are reasonably required for by the character of the work to be performedperformed by Landlord, provided that the business of Tenant shall not be interfered with unreasonably. Except as expressly otherwise specifically provided in this LeaseLease or in the case of (i) emergency, (ii) regular janitorial and routine service, or (iii) circumstances governed by Section X.A. above requiring electrical interruption, Landlord agrees to provide Tenant or Tenant's facility manager previously identified to Landlord with reasonable advance notice of its intention to enter the Premises for any purpose permitted hereunder, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith reasonable efforts to cause all such work to be done coordinate any major service and major repair projects in such a manner as to cause as little interference minimize disruption of Tenant's business operations; provided, however, that Landlord shall not be required to give Tenant as any greater notice of any inspections or entry requested by any governmental representative or other third party entitled to such access than Landlord receives and can reasonably possibleprovide to Tenant. In order to enter the Premises for each of the 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, except Xxxxxx’s vaults, safes excluding Tenant's vaults and the Secured Areas (as defined below)safes. If an emergency necessitates immediate access to the PremisesFurther, Landlord shall have the right to use any and all means which Landlord may use whatever force is necessary deem proper to open such doors, and shall have the 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 such "security areas" at all times. Any entry to the Premises or portions thereof obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

ENTRY BY LANDLORD. Landlord mayreserves, and shall at any and all reasonable timestimes have, the right to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or Building to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises submit said Building to prospective lenders, purchasers or, during the last twelve (12) months of the termor tenants, to prospective tenants, (d) post notices of nonresponsibilitynon-responsibility, and alterto post “For Lease” signs in Building’ windows six (6) months prior to the expiration of the term or any option terms, improve or to repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or Building and any other portion of the Real Property. In connection with any such alteration, improvement or repair, Building of which the Building are a part that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed. Except as expressly provided in this Lease, always providing that the entrance to the Building shall not be unreasonably blocked thereby, and provided Landlord complies further providing that the business of the Tenant shall not be interfered with the express requirements set forth in this Lease, in no event shall such entry or work entitle unreasonably. Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claim for consequential damages or for any injury or inconvenience to or interference with Tenant’s business, any loss of business occupancy or profits by Tenantquiet enjoyment of the Building, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the 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, except Xxxxxxexcluding Tenant’s vaults, safes and files, and Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to the Premises, use any and all means which Landlord may use whatever force is necessary deem proper to enter the Premises and any such open said doors in an emergency, in order to obtain entry to the Premises Building without liability to Tenant except for any failure to exercise due care for Tenant’s property and any entry to the Building obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the PremisesBuilding, or an eviction of Tenant from the Premises, Building or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Building Lease (VCG Holding Corp)

ENTRY BY LANDLORD. Landlord mayLandlord, at any and all its duly authorized representatives, shall, upon reasonable times, enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case 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) to: (a) inspect 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 determine whether Tenant is do so as required hereunder (but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in compliance with its obligations hereunderSections 4.4, (b) supply janitorial 7.1 and any other service Landlord is required 7.2 and Exhibit B), and to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, tenants during the last twelve twenty-four (1224) months preceding expiration of the term, term of this Lease as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective tenants, (d) post notices of nonresponsibility, purchasers and alter, improve or repair 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 Premises, then, except in case of emergency, Landlord must be accompanied by a Tenant representative (howeverTenant hereby agreeing to make a representative available during mutually convenient times for such purposes). To the extent possible under the circumstances, no such changes Landlord shall be made schedule non-emergency access to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of and repairs and maintenance within the Premises without Tenant's consent) or any other portion outside of the Real Propertynormal business hours. In connection with any such alteration, improvement or repair, all repairs and maintenance performed by Landlord may erect if reasonably required in within the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work pursuant to be performed. Except as expressly provided in this LeaseSection 16.19, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith commercially reasonable efforts to cause assure the safety of all such work to be done in such persons affected thereby. In the event Tenant sends a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If notice alleging an emergency necessitates immediate with respect to the existence of a dangerous or unsafe condition, any requirements for prior notice or limitations on Landlord’s access to the Premises, Premises contained in this Lease shall be deemed waived by Tenant so that Landlord may use whatever force is 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 enter the Premises and any remedy such entry to the Premises shall not constitute a forcible dangerous or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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 informationunsafe condition. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or Except in the event of a Landlord inspectionan emergency, in which case Landlord shall provide Tenant use commercially reasonable efforts to minimize any interference with ten (10) days’ prior written notice Xxxxxx’s operations and use and occupancy of the specific date and time Premises in connection with the exercise of such any of the foregoing rights under this Section 16.19, consistent with the nature of the activities being undertaken by Landlord inspection and hereunder. Landlord shall allow an employee comply with all Legal Requirements in connection with the exercise of Tenant to accompany Landlord at all timesany of the foregoing rights.

Appears in 1 contract

Samples: Lease Agreement (Akamai Technologies Inc)

ENTRY BY LANDLORD. (a) Landlord reserves, and shall at all times have, the right upon reasonable advance verbal notice to Tenant (which notice shall not be required in the event of an emergency, in which case, Landlord shall use its good faith efforts to give Tenant notice of its entry as soon as is reasonably possible, which may, if circumstances reasonably require, be after Landlord’s entry) at any and all reasonable times, times to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to inspect them; to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial service and any other service to be provided by Landlord is required hereunder; to provide hereunder and perform repairs required under this Lease, (c) show submit the Premises to prospective lenderspurchasers, purchasers or, mortgagees or tenants (provided that Landlord shall only have the right to enter the Premises to so submit them to prospective tenants during the last twelve nine (129) months prior to the then applicable expiration of the Lease term, ); to prospective tenants, (d) post notices of nonresponsibility, ; and to alter, improve or repair the Premises (howeverPremises, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of any space in the Premises without Tenant's consent) used for shafts, stacks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and any other portion of the Real Property. In connection with any such alterationBuilding as permitted or provided hereunder, improvement or repair, Landlord all without abatement of Rent; and may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary temporary structures in or through the Premises where reasonably required for by the character of the work to be performed. Except as expressly provided In performing any work in this Leasethe Premises, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use its good faith efforts to cause all minimize any disruption of Tenant’s business or interference with Tenant’s beneficial use and enjoyment of the Premises by performing any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such work procedures would be generally followed by managers of other first-class office buildings in the San Francisco financial district (except to be done in such a manner as to cause as little interference to Tenant the extent an emergency and/or applicable laws require otherwise, as reasonably possibledetermined by Landlord). Tenant hereby waives any and all Claims for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry. For each of the 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, except XxxxxxPremises (excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant in advance and approved by Landlord); and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas (b) Landlord shall also have the right at any time to change the arrangement or location or times of access of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Building, and to change the name, number or designation by which the Building is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, nor shall it entitle Tenant to any reduction of Rental hereunder or result in any liability of Landlord to Tenant. Notwithstanding the foregoing, no such change shall materially impair Tenant’s access to the Premises as “Secured Areas” should and Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation access to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas Premises twenty-four (24) hours a day on each day of the term of this Lease, except in to the case of emergency or extent required in the event of a Landlord inspection, an emergency and subject to Landlord’s non-discriminatory security procedures in which case Landlord shall provide Tenant with ten effect from time to time (10) days’ prior written notice all as determined in Landlord’s good faith judgment in protecting the health and safety of the specific date and time occupants of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesthe Building).

Appears in 1 contract

Samples: Lease Agreement (JMP Group Inc.)

ENTRY BY LANDLORD. Subject to Tenant’s reasonable security and confidentiality requirements, Landlord may, reserves and shall at any and all reasonable timestimes with reasonable notice of not less than one (1) business day except in cases of emergency, have the right to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective purchasers, lenders, purchasers investors or, during the last twelve six (126) months of the termTerm, tenants, to prospective tenants, (d) post notices of nonresponsibilitynon-responsibility, and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding and/or the Parking Facilities as required or permitted by this Lease and as provided in Section 2(e) above, all without being deemed guilty of any eviction of Tenant and without abatement of Rent, except as otherwise provided herein. In connection with Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required, provided that, except for emergencies, any such alteration, improvement or repair, entry and/or work performed by Landlord may erect if reasonably required in the Premises or elsewhere the Project shall be performed in a reasonably practicable manner so as not to unreasonably interfere with Tenant’s use of the Real Property scaffolding Premises or the remainder of the Project and other structures shall be performed after Building Hours if reasonably required for the work to be performedpracticable. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements otherwise set forth in this LeaseSection 24(h), in no event shall such Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, for any loss of occupancy or quiet enjoyment of the Premises and for any other loss in, upon and about the Premises on account of Landlord's entry or work entitle Tenant to an abatement of rentpermitted by this Section or by Section 2(e) above. For the above purposes, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, excluding Tenant'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. Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord, shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours not less than one (1) day’s prior notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the termLease Term and accompanied by a representative of Tenant (provided that Tenant makes a representative available for the same), to prospective tenants, ; (diii) post notices of nonresponsibility, and non-responsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions Building or the Building’s systems and equipment. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of the Premises without Tenant's consent) or any other portion of the Real Property. In ’s business in connection with any such alteration, improvement or repairentries into the Premises, Landlord may erect if reasonably required in make any such entries without the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as otherwise expressly provided in this Lease, and shall take such reasonable steps as required to accomplish the stated purposes. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, address, number or designation by which the Premises is commonly known, provided any such change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises or otherwise materially interfere with Tenant’s use and enjoyment of the Premises, or (B) reduce the usable area of the Premises. Any entry into the Premises by Landlord complies with in the express requirements set forth in this Leasemanner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, in no event shall such entry or work entitle Tenant to a detainer of, the Premises, or an abatement of rent, constitute an actual or constructive eviction of Tenant from any portion of the Premises. Tenant shall, at all time during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises. Landlord further reserves the right to the areas designated as “Restricted Shaft Space” and “Future Shaft Wall” on Exhibit 27, attached, on each applicable floor of the Premises for the future installation of additional shaft walls and risers for the tenants or occupants of floors beneath the applicable floor of the Premises. Upon the giving of such notice, the designated areas on Exhibit 27 (the “Future Shaft Areas”) shall be treated as Common Areas. Tenant shall not make any Alterations in the Future Shaft Areas and shall remove any of Tenant’s property from the same upon reasonable prior notice from Landlord. Furthermore, constructive or otherwiseTenant shall provide Landlord reasonable access to the Premises outside of Business Hours and shall allow Landlord, or impose upon Landlord any liability whatsoeveras a reserved right, to use the removable windows in the Premises for the purpose of moving large items into the Building (including but not limited to liability for consequential damages or loss of large equipment, furniture and construction items) from time to time upon at least three (3) business or profits by Tenant. days’ notice to Tenant (provided, however, that Landlord (a) shall use good faith commercially reasonable efforts to cause all such work to be done in such a manner as to cause as little minimize any material interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all Tenant’s use of the doors Premises in the Premisesexercise of Landlord’s rights under this paragraph, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access b) subject to the Premisesprovisions Section 10.5 above, Landlord may use whatever force is necessary to enter the Premises and shall be fully liable for any such entry damage done to the Premises shall not constitute a forcible or unlawful entry into and/or Tenant’s property located in the Premises, a detainer Premises in connection with such use of the Premises, and shall indemnify and hold Tenant harmless from and against any claims for personal injury or an eviction of Tenant property damage that result from the Premises, or any portion thereof. a. Tenant may designate certain areas Landlord’s use of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning set forth in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesthis paragraph).

Appears in 1 contract

Samples: Lease Agreement (Werewolf Therapeutics, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable ----------------- times, enter the Premises and upon at least twenty-four hours prior reasonable notice to Tenant (except in the case of an emergency or emergency), to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease(i) -60- XXXXXXX XXXXXX CENTER VENTURE, in which case no such notice shall be required) to: LLC [20th Century Industries; 6303 Owensmouth] inspect them; (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenders, purchasers or, tenants (but only during the last twelve twenty-four (1224) months of the termLease Term or any Option Term where Tenant has not previously exercised an available extension option), to prospective tenantspurchasers, mortgagees, or ground or underlying lessors; (diii) post notices of nonresponsibility; (iv) subject to SECTIONS 8.1.2 and 10.3.2, and to alter, improve -------------- ------ or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with Building; provided that Landlord agrees to use commercially reasonable efforts to schedule any such alterationwork outside of Building Hours, improvement or repair(v) to exercise, in compliance with the terms of this Lease, rights and obligations of Landlord under this Lease. Subject to the foregoing, Landlord may erect if reasonably make any such entries without the abatement of Rent, may take such reasonable steps as required in to accomplish the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Leasestated purposes, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (21st Century Insurance Group)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) Except as provided in Section 14(b) below, Tenant will permit Landlord and its agents to enter into the Premises at all reasonable times to inspect the same them and to determine whether Tenant is in compliance with its obligations hereundermaintain the Building, (b) supply janitorial to make repairs to any portion of the Building, and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective purchasers or lenders, purchasers orprovided Landlord gives Tenant 24 hours’ notice (which notice may be written or oral) during normal business hours prior to any such entry; provided, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, that no such changes notice shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises emergency situations or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantprovide Building-standard services. Landlord shall use good faith commercially reasonable efforts to cause all minimize interference with the operation of Tenant’s business when entering into the Premises. (b) Notwithstanding the foregoing, Landlord shall not have access at any time to Tenant’s Data Center which contains highly confidential and sensitive information. (c) Landlord may have access to the Premises (excluding the Data Center) to exhibit them during reasonable hours to prospective tenants during the last 180 days of the Term upon 24 hours’ prior notice (which notice may be written or oral), such work notice to be done in such a manner as to cause as little interference delivered to Tenant as reasonably possible. during normal business hours. (d) For each of the aforesaid purposes, Landlord and/or its agent shall at all times have and retain a key with which to unlock all of the doors in in, upon and about the Premises, except Xxxxxxexcluding the Data Center and further excluding Tenant’s vaults, safes safes, computer server rooms, and any rooms containing financial records. Landlord shall not be required to provide any janitorial or repair and maintenance services to Tenant’s Data Center or any other areas within the Secured Areas Premises that Tenant does not allow Landlord to access and Tenant shall be solely responsible for providing such services at Tenant’s cost in accordance with a class A office building. Landlord may enter Tenant’s Data Center or other restricted areas using any means necessary in an emergency presenting imminent risk of injury to persons or property, provided that Landlord makes reasonable efforts (as defined below)i) to first contact Tenant regarding such emergency entry and (ii) to minimize interference with the operation of Tenant’s Data Center and other business functions in the accessed areas of the Premises. Tenant shall not alter any lock or install a new or additional lock or any bolt on any door of the Premises (excluding the Data Center) without prior written consent of Landlord. If an emergency necessitates immediate access Landlord shall give its consent, Tenant shall utilize Landlord’s locksmith for such purpose. The foregoing shall not alter Tenant’s right to install and maintain supplemental security systems for the Premises, so long as Landlord may use whatever force is necessary retains the ability to enter access the Premises and any such entry to (excluding the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofData Center) when necessary. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Sublease (Model N, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable timestimes and upon reasonable notice to Tenant (which notice, enter notwithstanding anything to the Premises upon at least twenty-four hours prior contrary contained within this Lease, may be oral, and which notice (except shall not be required in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the term, to Term prospective tenants, in each case upon not less than one (d1) business days' notice; (iii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or the Premises without TenantBuilding's consent) or any other portion of systems and equipment. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 26, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises manner provided herein; and C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or elsewhere in for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant in writing. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access 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, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord shall use commercially reasonable efforts to minimize any portion thereof. a. Tenant may designate certain areas 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. any entry by Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timespermitted under this Article 26.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

ENTRY BY LANDLORD. Subject to United States Government security requirements if and as applicable, the Landlord may, at any and all reasonable times, may enter the Premises and/or Building at reasonable hours and upon at least twenty-four 24 hours prior written notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant Tenant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same, (b) show the same and to prospective purchasers, lenders or tenants, (c) determine whether Tenant is in compliance complying with its all of Tenant's obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve non-responsibility or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36e) the interior portions make repairs required of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in under this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry repairs to adjoining space or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwiseutility service, or impose upon Landlord any liability whatsoevermake repairs, including but not limited alterations or improvements to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause the Building, provided that all such work to shall be done in such a manner as to cause promptly as possible and with as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry, unless caused by the reckless or intentional acts of Landlord or its agents. Landlord shall at all times have and retain a key with which to unlock all of doors in, on or about the doors in the Premises, except Xxxxxx’s Premises (excluding Tenant's vaults, safes and the Secured Areas (as defined belowsimilar areas designated in writing by Tenant). If In the event of an emergency necessitates immediate access emergency, Landlord shall have the right to use any and all means which Landlord may deem proper to enter the Premises, Landlord may use whatever force is necessary to enter without notice, for the Premises and any such entry to the Premises limited purpose of abating, as possible, said emergency. Such emergency entrance shall not constitute be deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of . Notwithstanding Landlord's entering the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except without notice in the case of emergency or in the event of a Landlord inspectionan emergency, in which case Landlord shall provide Tenant with ten contact Tenant's Designated Representative (10as identified below) days’ prior written notice of the specific date and time of regarding such Landlord inspection and shall allow an employee of Tenant to accompany Landlord emergency entry as soon as possible following such emergency entry. Tenant's Designated Representative is Duane Thurber, who may be contacted at all times(801) 254-6879, or such other xxxxxx xx Xxxant my designate hereafter in writing.

Appears in 1 contract

Samples: Commercial Lease (Advanta Corp)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior reasonable notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them during normal business hours; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, mortgagees or ground or underlying lessors or during the last twelve nine (129) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Section 19.13, Landlord may erect if reasonably required in enter the Premises or elsewhere in 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 Xxxxxx fails to perform. Landlord may make any such entries without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes; provided, in no event shall however, that any such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such 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 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 retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant may, or any portion thereof. a. 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 either janitorial service or cleaning in the Secured Areas. Landlord may not enter to any such Secured Areas except in to the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide extent Tenant with ten (10) days’ prior written notice of the specific date authorizes and time of permits access thereto for such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timespurposes.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

ENTRY BY LANDLORD. 13.1 Landlord may, at any and all reasonable times, its authorized representatives shall have the right to enter the Premises upon at least twenty-four all reasonable times during normal business hours prior notice (except and at any time in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required(i) to: (a) inspect the same and to determine whether the Premises are in good condition and whether Tenant is in compliance complying with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) to maintain or to make any repair or restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective lendersbrokers, purchasers oragents, during buyers, tenants, or persons interested in an exchange, (vii) to shore the last twelve (12) months foundations, footings, and walls of the termBuilding and to erect scaffolding and protective barricades around and about the Building or the Premises, but not so as to prospective tenants, (d) post notices of nonresponsibilityprevent entry into the Premises, and alter, improve (viii) to do any other act or repair thing necessary for the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions safety or preservation of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantBuilding. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall have the right at all times to have and retain a key with which to unlock all of doors in, upon and about the doors in Premises excluding Tenant's vaults and safes, and Landlord shall have the Premises, except Xxxxxx’s vaults, safes right to use any and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, all means which Landlord may use whatever force is necessary deem proper to enter the Premises gain entry in an emergency, and any such entry to the Premises obtained by Landlord in accordance with the foregoing shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. . Tenant may designate certain areas hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the Premises as “Secured Areas” should by reason of Landlord's exercise of its rights of etry in accordance with this Article 13, and Tenant require such areas for the purpose shall not be entitled to an abatement or reduction of securing certain valuable property Rent or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning Expenses in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesconnection therewith.

Appears in 1 contract

Samples: Office Lease (Trimark Holdings Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times (during Building Hours with respect to items (i) and (ii) below) and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers oror to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or the Premises without TenantBuilding's consent) or any other portion of systems and equipment. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises or elsewhere in the Real Property scaffolding manner provided herein; and other structures reasonably required for the work (C) perform any covenants of Tenant which Tenant fails to be performedperform. Except with respect to clause (B), above, Landlord shall use commercially reasonable efforts to minimize interference with the conduct of Tenant's business in connection with such entries into the Premises. Landlord may make any such entries without the abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes; provided, in no event shall however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry or work entitle Tenant shall be performed in a manner so as not to an abatement unreasonably interfere with Tenant's use of rentthe Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith commercially reasonable efforts to cause all such work not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claims for damages or for any injuries or inconvenience to be done in such a manner as or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; provided that the foregoing shall not limit Landlord's liability, if any, pursuant to cause as little interference Applicable Law for personal injury and property damage to Tenant as reasonably possiblethe extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or any portion thereofdecorations except as otherwise expressly agreed to be performed by Landlord herein. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times (including during business hours) and upon at least twenty-four 24 hours prior notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers oror to current or prospective mortgagees, ground or underlying lessors or insurers or to prospective tenant (provided that if Tenant is not in default, the showing of the Premises to prospective tenants shall be limited to during the last twelve six (126) months of the term, to prospective tenants, Lease Term); (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or the Premises without TenantBuilding's consent) or any other portion of systems and equipment. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or elsewhere in for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or any portion thereofdecorations except as otherwise expressly agreed to be performed by Landlord herein. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (OverNear, Inc.)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant a) Subject to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repairSection 24.2(a), Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall its Affiliates at all times have the right to enter the Premises, and Landlord will retain a key with which (or be given by Tenant) keys to unlock all of the doors in to or within the Premises, except Xxxxxxexcluding doors to Tenant’s vaults, safes vaults and files and Tenant’s limited high-security areas. Landlord in good faith will attempt to give Tenant oral or written notice at least one (1) day prior to entering the Secured Areas (as defined below)Premises and will use commercially reasonable efforts to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances. If an emergency necessitates immediate access to the PremisesBut, Landlord may need not give notice and will have the right to use whatever force is any means necessary to enter the Premises and any if Landlord believes there is an emergency or that entry is necessary to prevent damage or injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may result in material interference). Entry to the Premises shall not constitute and the exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction of Tenant from the Premises, Premises or any portion thereof, nor will it subject Landlord to any Liabilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies. a. (b) Notwithstanding anything to the contrary, Landlord reserves from the rights granted to Tenant may designate certain areas in this Lease, and Tenant agrees to permit, the right of emergency egress through the Premises for Landlord and other tenants and occupants of the Premises as “Secured Areas” should Tenant require such areas for Building (and their respective Affiliates). To accommodate this emergency egress, Landlord will have the purpose right to use existing (or if not already existing or to be part of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning Landlord’s Work, at its cost install new) doors, hardware and locking devices in the Secured Areas. Landlord may Premises and to comply with applicable Laws in providing this access, and all of this work will be performed in a good and workmanlike manner and so as not enter such Secured Areas except in to disturb the case conduct of emergency or in Tenant’s business more than is reasonably necessary under the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timescircumstances.

Appears in 1 contract

Samples: Lease (Transmedics Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times (during Building Hours with respect to items (i) and (ii) below) and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers oror to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twelve six (126) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained herein, Tenant shall be made entitled, during the Lease Term, to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior designate certain portions of the Premises without as a “Secured Area” and to control access to such areas as reasonably necessary to secure such Secured Area(s). The Secured Areas shall be comprised of Tenant's consent’s lab space and IT room. Landlord and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Areas only upon one (1) or business days’ prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use commercially reasonable efforts to schedule any other portion such entries into the Secured Areas by Landlord at times that are mutually convenient to both Landlord and Tenant, taking into consideration the nature of Tenant’s operations in the Premises and the nature of the Real Propertydesired entry. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes; provided, in no event shall however, except for (x) emergencies, (y) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (z) repairs which are the obligation of Tenant hereunder, any such entry or work entitle Tenant shall be performed in a manner so as not to an abatement unreasonably interfere with Tenant’s use of rentthe Premises and shall be performed after normal business hours if reasonably practical. With respect to items (y) and (z) above, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith commercially reasonable efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possiblenot materially interfere with Tenant’s use of, or access to, the Premises. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord will exercise its rights pursuant to this Article 27 in a manner so as to minimize any portion thereof. a. Tenant may designate certain areas unreasonable interference with Tenant’s use of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesPremises.

Appears in 1 contract

Samples: Office Lease (Entropic Communications Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least reasonable notice to Tenant (not less than twenty-four hours prior notice (notice, except in an emergency) to enter the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or, during the last twelve (12) months of the termLease Term, to prospective tenants, or to the ground or underlying lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (or the Building if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building, or as Landlord may otherwise reasonably desire or deem necessary. Except in the event of an emergency, Tenant shall have the right to have a representative accompany Landlord in connection with any entry into the Premises. If Tenant fails to make a representative available to accompany Landlord at the time of Landlord’s entry, then Tenant shall be deemed to have waived its right to accompany Landlord in connection with such entry. Notwithstanding anything to the contrary contained in this Article 22, Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, no such changes Landlord shall be made use commercially reasonable efforts to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions minimize any interference with Tenant’s use of the Premises without 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 consent) ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other portion loss occasioned thereby. For each of the Real Property. In connection with any such alterationabove purposes, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

ENTRY BY LANDLORD. After not less than twenty four (24) hours prior notice (which may be oral or written notice, notwithstanding anything to the contrary in this Lease governing the manner of delivery of notices, and except that in the event of an emergency, Landlord maymay provide shorter notice as may be required under the circumstances, which may be no prior notice, if applicable under the circumstances of the applicable emergency situation), Landlord, its authorized agents, contractors, and representatives shall at any and all reasonable times, times have the right to enter the Premises upon at least twenty-four hours prior notice (except in to inspect the case of an emergency or same, to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial service and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) to show the Premises to prospective lenders, purchasers or, or (only during the last twelve final six (126) months of the termTerm) tenants, to prospective tenantspost notices, (d) post notices of nonresponsibility, and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding, all without being deemed guilty of any eviction of Tenant and without abatement of rent (except as otherwise provided in this Lease). In connection with Except in the event of an emergency, Landlord shall endeavor to coordinate any such alterationentry with Tenant, improvement or repairso as to minimize the extent of any unreasonable interference with Tenant’s business operations to the extent practicable under the circumstances. Landlord may, Landlord may in order to carry out such purposes, erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed. Except as expressly , provided in this Lease, and provided Landlord complies that the business of Tenant shall be interfered with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as is reasonably possiblepracticable. Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaultsvaults and safes, safes Landlord shall have the right to use any and the Secured Areas (as defined below). If all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord pursuant to the terms hereof shall not constitute be deemed to be a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. , and Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises except to the extent caused by the gross negligence or willful misconduct of Landlord. Notwithstanding anything to the contrary set forth above, 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten five (105) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesinspection.

Appears in 1 contract

Samples: Lease Agreement (Redwood Trust Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times (during Building Hours with respect to items (i) and (ii) below) and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) to supply normal enter the Premises and regular janitorial or security services pursuant Tenant's Common Areas to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers oror to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twelve fifteen (1215) months of the termLease Term with respect to each Phase of the Premises, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeverPremises, no such changes Tenant's Common Areas or the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment. Landlord shall be made use commercially reasonable efforts to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) minimize interference with the interior portions operation of Tenant's business at the Premises without during any entry by Landlord unto the Premises and Tenant's consent) or any other portion of Common Areas. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if enter the Premises and Tenant's Common Areas at (A) any reasonable time to reasonably perform services required of Landlord, including janitorial service; (B) any time to take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) any reasonable time to perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes. For each of the above purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the PremisesPremises and any doors or gates providing access to or from Tenant's Common Areas, except Xxxxxx’s excluding Tenant's vaults, safes and the "Secured Areas (Areas," as that term is defined below). If In an emergency necessitates immediate access to the Premisesemergency, Landlord shall have the right to use any means that Landlord may use whatever force is necessary deem proper to enter open the doors in and to the Premises and any such Tenant's Common Areas. Any entry to into the Premises by Landlord in the manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the PremisesPremises or Tenant's Common Areas, or an actual or constructive eviction of Tenant from any portion of the Premises or Tenant's Common Areas. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations other than those repairs, alterations or decorations that Landlord has expressly agreed to perform under this Lease. Tenant may reasonably restrict access by any visitor whom Landlord intends to bring onto the Premises who is, or may reasonably be suspected by Tenant to be, a competitor of Tenant. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or any Landlord Parties while the same are in the Premises. Notwithstanding anything to the contrary set forth in this Article 27, or any portion thereof. a. Tenant may reasonably 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 have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of an emergency. Landlord need not clean any area designated by Tenant as a Landlord inspectionSecured Area and shall only maintain or repair such secured areas to the extent (1) such repair or maintenance is required in order to maintain and repair the Base Building; (2) as required by applicable Law, or (3) in which case response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. Access to the Premises by Landlord shall provide be in accordance with the reasonable security, safety and confidentiality requirements that Tenant with ten may reasonably adopt from time to time, including, without limitation, a requirement that persons (10including Landlord or Landlord Parties) days’ prior written notice of having access to the specific date Premises shall sign and time of such Landlord inspection deliver to Tenant a confidentiality and shall allow an employee of Tenant nondisclosure agreement in form and content reasonably acceptable to accompany Landlord at all timesTenant.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

ENTRY BY LANDLORD. Landlord may, and its agents shall be entitled to enter ----------------- into and upon the Premises at any and all reasonable times, enter the Premises upon at least twenty-four hours prior reasonable notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case event no such notice shall be required) to), for the following purposes: (a) to inspect or make repairs, alterations or additions to all or any portion of the same Premises which Landlord may deem appropriate (i) to comply with any laws, ordinances, rules, regulations, or policies of any governmental authority or Landlord's insurance carrier(s), or (ii) to prevent waste or deterioration of the Premises, or (iii) to promote the general welfare and safety of occupants of the Premises, or (iv) to determine whether Tenant is perform construction work in compliance with its obligations hereunderthe Building or in the Outside Areas, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, post notices of non-responsibility for Alterations; or (c) to show the Premises to prospective lenders, purchasers oror lenders and their appraisers and other representatives; and, during the last twelve one hundred eighty (12180) months day period prior to the expiration of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, or upon any Event of Default, to place upon the Premises any usual or ordinary "for lease" signs and provided Landlord complies with exhibit the express requirements Premises to prospective tenants at reasonable hours. Landlord's rights of entry as set forth in this Lease, in no event Paragraph 21 shall such entry or work entitle Tenant be subject to an abatement of rent, constitute an eviction the reasonable security regulations of Tenant, constructive and to the requirement that Landlord shall use reasonable efforts to minimize interference with Tenant's business activities on the Premises. If Tenant so requests in connection with any work being performed by Landlord the costs of which are deemed Operating Expenses under this Lease, Landlord shall use reasonable efforts to perform such work during Tenant's non- business hours; nothing in this sentence shall be construed to otherwise obligated Landlord to use overtime labor or otherwise, perform any work or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of other activities during Tenant's non-business or profits by Tenanthours. Landlord shall use good faith efforts be entitled to cause all such work to be done in such a manner as to cause as little interference exercise the foregoing rights of entry without any abatement of rent and without liability to Tenant as reasonably possible. Landlord shall at all times retain a key for any injury or inconvenience to or interference with which to unlock all of the doors in the PremisesTenant's business, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer quiet enjoyment of the Premises, or an eviction any other loss occasioned thereby; provided that, Tenant shall have the right to bring claims against Landlord for compensatory damages (but not lost profits or other consequential damages) to the extent arising from damage to property or injury or death to persons caused by the wilful misconduct of Tenant from Landlord occurring in or about the Premises, or any portion thereof. a. Tenant may designate certain areas Premises and relating to Landlord's exercise of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesforegoing rights.

Appears in 1 contract

Samples: Lease (Rambus Inc)

ENTRY BY LANDLORD. 13.1. Landlord mayand its authorized representatives shall have the right, at any and all reasonable times, enter the Premises upon at least twenty24-four hours prior written or oral notice (except in an emergency, when no notice shall be required) to enter the Premises at all reasonable times during normal business hours and at any time in case of an emergency (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, if Landlord has reasonable belief or to supply normal and regular janitorial or security services evidence that Tenant is not so maintaining the Premises pursuant to the terms of this Lease (ii) to maintain or to make any repair or restoration to the Lease, in which case no such notice shall be required) to: (a) inspect Building that Landlord has the same and right or obligation to determine whether Tenant is in compliance with its obligations hereunderperform, (biii) supply janitorial and to install any meters or other service equipment which Landlord is may have the right to install, (iv) to serve, post, or keep posted any notices required to provide hereunder and perform repairs required or allowed under the provisions of this Lease, (cv) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective lendersbrokers, purchasers oragents, during buyers, tenants, or persons interested in an exchange, (vii) to shore the last twelve (12) months foundations, footings, and walls of the termBuilding and to erect scaffolding and protective barricades around and about the Building or the Premises, but not so as to prospective tenants, (d) post notices of nonresponsibilityprevent entry into the Premises, and alter, improve (viii) to do any other act or repair thing necessary for the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions safety or preservation of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantBuilding. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall have the right at all times to have and retain a key with which to unlock all of doors in, upon and about the doors in Premises excluding Tenant's vaults and safes, and Landlord shall have the Premises, except Xxxxxx’s vaults, safes right to use any and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, all means which Landlord may use whatever force is necessary deem proper to enter the Premises gain entry in an emergency, and any such entry to the Premises to be a forcible obtained by Landlord in accordance with the foregoing shall not constitute a forcible be construed or deemed or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. . Tenant may designate certain areas hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the Premises as “Secured Areas” should by reason of Landlord's exercise of its rights of entry in accordance with this Article 1 3, and Tenant require such areas for the purpose shall not be entitled to an abatement or reduction of securing certain valuable property Rent or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning Expenses in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesconnection therewith.

Appears in 1 contract

Samples: Office Lease (Isocor)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, shall have the right to enter the Premises upon at least twenty-four reasonable hours prior notice (and after reasonable notice, except in the case event of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case event no such notice shall be required) , to: : (a) inspect the Premises; (b) exhibit the same and to prospective purchasers, lenders or tenants; (c) determine whether Tenant is in compliance complying with all of its obligations hereunder, ; (bd) supply provide janitorial service and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this Lease, Tenant hereunder; (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (de) 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 (including checking, and alteradjusting, improve calibrating or repair balancing the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consentHVAC system) or make repairs, alterations or improvements to any other portion of the Real PropertyBuilding. In connection Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any such alteration, improvement loss of occupancy or repair, Landlord may erect if reasonably required in quiet enjoyment of the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and any other loss occasioned by such entry, provided that Landlord complies takes reasonable steps to minimize the interference with Tenant’s use and enjoyment of the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possiblePremises. 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, except XxxxxxPremises (including Tenant’s vaults, safes and the Secured Areas (as defined belowsimilar areas agreed upon in writing by Tenant and Landlord). If Landlord shall have the right to use any and all means which Landlord may deem appropriate to open such doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such no entry to the Premises obtained by Landlord by any of such means shall not constitute under any circumstance be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

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

ENTRY BY LANDLORD. Section 16.01. Landlord may, at any and all reasonable times, enter the Premises upon at least twenty-four (24) hours prior notice to Tenant (except or at any time in the case of an emergency or emergency), enter the Premises at reasonable hours to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same, (b) exhibit the same and to prospective purchasers, lenders or tenants, (c) determine whether Tenant is in compliance complying with all its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter(e) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, improve alterations or repair the Premises (however, no such changes shall be made improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration; provided, improvement or repairh however, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause that all such work to or entry shall be done in such a manner as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for ' damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry. If Tenant's use of the Premises 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, then, to the extent Tenant, in fact, does not use the Premises, Monthly Base Rent shall equitably xxxxx to the extent of such interference commencing on the sixth (6th) day and continuing until such interruption is discontinued. In an emergency, Landlord shall at have the right to use any and all times retain a key with which reasonable means as warranted by the nature of the emergency to unlock all open any of the doors in in, on or about the Premises, except Xxxxxx’s Premises (excluding Tenant's vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access similar areas designated in writing by Tenant in advance) in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any of such means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. a. 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 informationSection 16.02. Landlord shall have no obligation the right from time to provide either janitorial service time to alter the Premises and, without the same constituting an actual or cleaning in constructive eviction and without incurring any liability to Tenant therefor, to change the Secured Areas. Landlord may not enter such Secured Areas except in the case arrangement or location of emergency entrances or in the event of a Landlord inspectionpassageways, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the specific date Premises and time 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 of such Landlord inspection and shall allow an employee access to the Premises or (b) reduce the area (except by a de minimus amount) of Tenant to accompany Landlord at all timesthe Premises.

Appears in 1 contract

Samples: Lease Agreement (Valley Media Inc)

ENTRY BY LANDLORD. Landlord mayreserves and shall at all times have the right, at any and all reasonable times, enter after delivering verbal notice to Tenant (which shall be given by direct conversation or message to Tenant's chief financial officer or corporate counsel provided they maintain offices within the Premises upon Premises) at least twenty-four (24) hours prior notice in advance of Landlord's entry (except in the case of an emergency or to supply normal the supplying by Landlord of janitorial and regular janitorial or security services pursuant to the terms of the Leaseother routine services, in which case no such advance notice shall be required) to: (a) necessary), to enter the Premises to inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial janitor service and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) to show the said Premises to prospective lenderspurchasers, purchasers or, mortgagees or tenants (but only during the last twelve nine (129) months of the term, Lease Term as to prospective tenants), (d) to post notices of nonresponsibility, and to alter, improve improve, or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alterationBuilding of which the Premises are a part or to which access is conveniently made through the Premises, improvement or repairwithout abatement of rent, Landlord and may erect if for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required in by the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for character of the work to be performed. Except as expressly , provided in this Leasethat entrance to the Premises shall not be blocked thereby, and further provided Landlord complies that the business of Tenant shall not be interfered with the express requirements set forth in this Leaseunreasonably. Tenant hereby waves any claim for damages for any injury or inconvenience to or interference with Tenant's business, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in doors, in, upon, and about the Premises, except Xxxxxx’s vaultsand Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, safes in order to obtain entry to any portion of the Premises, and the Secured Areas (as defined below). If an emergency necessitates immediate access any entry to the Premises, or portions thereof obtained by Landlord may use whatever force is necessary to enter the Premises and by any such entry to the Premises of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction eviction, actual or constructive, of Tenant from the Premises, Premises or any portion portions thereof. a. 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. Landlord shall also have no obligation the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to provide either janitorial service Tenant therefor, to change the arrangement and/or location of entrances or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency passage ways, doors and doorways, and corridors, elevators, stairs, toilets, or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice other public parts of the specific date Building and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timeschange the name, number or designation by which the Building is commonly known.

Appears in 1 contract

Samples: Lease Agreement (Accord Networks LTD)

ENTRY BY LANDLORD. Landlord may, and its employees and agents shall at any and all reasonable times, times have the right to enter the Premises upon at least twenty-four hours prior notice (except in to inspect the case of an emergency or same, to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial service and any other service Landlord is required to provide hereunder and perform repairs required be provided by Landlord to Tenant under this Lease, (c) show to exhibit the Premises to prospective lenders, lenders or purchasers or, (or during the last twelve (12) months year of the termTerm, to prospective tenants), (d) to post notices of nonresponsibilitynon-responsibility, and and/or to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding or Project. In connection with any such alteration, improvement or repair, The foregoing entries by Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work will not entitle Tenant to an abatement of rentrent or constitute breach of Landlord's covenant of quiet enjoyment, constitute an eviction except to the extent that improvements or repairs to the Premises or the Project are performed by Landlord in a negligent manner (other than those resulting from the acts or neglect of Tenant) and result in a material interference with the conduct of Tenant's business. In exercising such entry rights, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts endeavor to cause all such work to be done in such a manner as to cause as little interference to Tenant minimize, as reasonably possiblepracticable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of such entry (except in emergency situations and for scheduled services). Any dispute between the parties concerning Landlord's conduct under this Section 15 will be resolved pursuant to Section 24 of this Lease. For each of the foregoing 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, except Xxxxxx’s vaultsexcluding Tenant's vaults and safes, safes and Landlord shall have the Secured Areas (as defined below). If means which Landlord may deem proper to open said doors in an emergency necessitates immediate in order to obtain entry to the Premises. Except with respect to scheduled janitorial services, Landlord will not be entitled to access to the Premises, Landlord may use whatever force is necessary to enter Premises without the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer accompaniment of the Premises, or an eviction officer of Tenant from the Premises, or any portion thereofperson designated by an officer of Tenant. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Good Guys Inc)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, may enter the Premises upon at least twenty-four hours reasonable prior notice and during normal business hours (except in the case event of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leasea bona fide emergency, in which case no such prior notice shall be requiredgiven and the timing of access shall occur as is reasonable under the circumstances) to: to (ai) inspect or (if Landlord is performing janitorial work) clean the same and to determine whether Tenant is in compliance with its obligations hereunderPremises, (bii) supply janitorial perform or facilitate the performance of repairs, updates, alterations or additions to the Premises or any portion of the Building (including for the purpose of checking, calibrating, adjusting and any balancing controls and other service Landlord is required to provide hereunder and perform repairs required under this Leaseparts of the Building’s systems) which are not reasonably accessible except from within the Premises, (ciii) show the Premises to prospective lenders, purchasers or, or lenders or (iv) during the last twelve nine (129) months of the termTerm, show the Premises to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this LeaseThe foregoing notwithstanding, in no event shall Landlord access the portion of the Premises located on the fifth (5th) floor of the Building without an escort provided by Tenant except in the event of a bona fide emergency. Landlord may also provide emergency egress though the Premises by occupants of the Building if and to the extent such entry emergency egress is required to make portions of the Building comply with applicable Law. To the extent reasonably necessary, Landlord may temporarily close all or work a portion of the Premises to perform repairs, alterations and additions. Entry pursuant to this Section 10 shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Rent. Tenant shall provide to Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes keys and the Secured Areas (as defined below). If an emergency necessitates immediate alarm and access codes to the Premises, and Tenant shall indemnify and hold Landlord may use whatever force is necessary and Landlord Related Parties harmless from any claims arising from damage to the Premises or property therein if Landlord must enter the Premises and any such entry by force during a bona fide emergency due to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation Tenant’s failure to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date keys and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timescodes.

Appears in 1 contract

Samples: Lease Agreement (Acacia Communications, Inc.)

ENTRY BY LANDLORD. (a0 Landlord, the Board of Managers and their respective agents and contractors shall have the right to enter or pass through the Premises: (i) to examine and show Premises to actual and prospective lenders, Senior Interest Holders and purchasers and, during the last 18 months of the Term, prospective lessees of the Unit, (ii) to conduct such activities as are incidental to the operation and maintenance of, and to make repairs and alterations in, the Premises, the Unit and/or the Building and their respective systems, facilities and equipment, (iii) to remove any violation of Law noted or issued against the Building, the Unit, the Premises or any part thereof and (iv) to read and maintain utility meters located therein; provided, however, that any such entry pursuant to clauses (i) and (ii) above shall be during Business Hours. Any entry by Landlord mayshall be made on reasonable advance oral notice and, at any Tenant's request, Landlord shall be accompanied by an agent of Tenant, except in emergency situations where no such notice and/or supervision shall be required. In exercising its rights under this Section 12.7, Landlord shall use, and all shall use reasonable timesefforts to cause the Board of Managers to use, enter reasonable efforts to avoid unreasonable interference with the normal conduct of Tenant's business in the Premises. Landlord and the Board of Managers each shall have a pass key (or similar entry device) to the Premises upon at least twenty-four hours prior notice (which may only be used with Tenant's permission, except in the case of an emergency or to supply normal emergency, and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same allowed to bring materials and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show equipment into the Premises as required in connection with maintenance, repairs and alterations, without any liability to prospective lenders, purchasers orTenant and without any reduction of Tenant's obligations. (b0 If, during the last twelve (12) months month of the termTerm, to prospective tenants, (d) post notices Tenant has removed all or substantially all of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in from the Premises, except Xxxxxx’s vaultsLandlord, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access without notice to the PremisesTenant, Landlord may use whatever force is necessary to immediately enter the Premises and any such entry alter, renovate and decorate the same, without liability to the Premises shall not constitute a forcible Tenant and without reducing or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofotherwise affecting Tenant's obligations hereunder. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Space Lease (Fahnestock Viner Holdings Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to the Tenant to enter the Premises upon at least twenty-four hours prior notice tort (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective purchasers; mortgagees or tenants, or to the ground or underlying lessors; (diii) post notices of nonresponsibility, and non-responsibility; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alteration% repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the Premises manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or elsewhere in for any injuries or inconvenience to or interference with Tenant's business% lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. above purpose% Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, employees and all contractors reserve the right during normal business hours, upon reasonable times, enter the Premises upon at least twenty-four hours prior notice to Tenant, which notice may be given orally (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the LeaseEmergency, in which case no such prior notice shall be required) to: to enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to current or prospective lenderspurchasers, purchasers Mortgagees, insurers, ground lessors or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (dc) post notices of nonresponsibility; or (d) improve, and alter, improve clean, maintain or repair the Premises. Notwithstanding anything to the contrary contained in this Article 26, Landlord, its agents, employees and contractors, may enter the Premises at any time without prior notice to Tenant to (howeveri) perform services required of Landlord, no including, without limitation, janitorial service; (ii) access common areas or other areas that serve one or more tenants (other than Tenant) (including, without limitation, any electrical; data or cabling closet [“IDF Closer]) and Tenant shall not block or obstruct access to any such changes common areas or facilities or equipment (without limiting the foregoing, Tenant shall be made not block or obstruct access to 4885the 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-9329-8068.6391320.00007/5-29-24/arb/bwt structural installations (36including, without limitation, installations of cable and wiring), alterations, repairs, replacements, maintenance, inspections or improvements to the Building or the Building Systems and equipment (including, without limitation, to serve or improve other tenants’ premises); and (iv) take possession due to any breach of this Lease in the interior portions manner provided herein. Notwithstanding anything to the contrary contained herein, Tenant shall also permit other tenants and such tenant’s agents, employees and contractors to enter the Premises for the purposes set forth in clauses (ii) and (iii) above. Landlord may take such reasonable steps as required to accomplish the stated purposes. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or a portion of the Premises without Tenant's consent) or any other portion of to perform repairs, alterations and additions. However, except in an Emergency, Xxxxxxxx will not close the Real PropertyPremises if the work can reasonably be completed on weekends and after Building Hours. In connection with any such alterationentry into the Premises, improvement or repair, Landlord may erect if reasonably required 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 interference. Tenant hereby waives any Claims for damages or elsewhere in for any injuries or inconvenience to or interference with Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned by any entry into the express requirements set forth in Premises pursuant to this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possibleArticle 26. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If In an emergency necessitates immediate access to the PremisesEmergency, Landlord and its agents, employees and contractors shall have the right to use any means that Landlord may use whatever force is necessary deem reasonable to enter the Premises. Any entry into the Premises by any party that is permitted to so enter pursuant to this Article 26 and work performed by any such entry party hereunder is hereby consented to the Premises by Tenant and shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of the Premises as “Secured Areas” should or entitle Tenant require to an abatement of Rent. Notwithstanding the foregoing to the contrary, if Landlord requires Tenant to close the Premises during Building Hours pursuant to this Article 26 for a period of more than seventy-two (72) hours, Tenant shall be entitled to an abatement of Rent, commencing after the expiration of such areas for seventy-two (72) hour period and continuing thereafter during the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice rest of the specific date and time of such Landlord inspection and shall allow an employee of Tenant period that the Premises are so required to accompany Landlord at all timesbe closed.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

ENTRY BY LANDLORD. Landlord may, at any Upon not less than one (1) business day’s notice and all subject to Tenant’s reasonable times, enter the Premises upon at least twenty-four hours prior notice security requirements (except in the case of event an emergency or emergency), Landlord shall have the right to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and them; to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenderspurchasers, purchasers mortgagees or, during the last twelve (12) months 270 days of the termLease Term only, tenants; to prospective tenants, (d) post notices of nonresponsibility, non-responsibility; and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alterationBuilding as permitted or provided hereunder, improvement or repair, Landlord all without abatement of Rental; and may erect if reasonably required scaffolding and other necessary structures in or through the Premises or elsewhere in the Real Property scaffolding and other structures Building where reasonably required for by the character of the work to be performed; provided, however, that any such entrance or work shall not unreasonably interfere with Tenant’s use of the Premises. Except as expressly provided Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in this Leaseconnection with its entries into and/or work within the Premises, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and provided Landlord complies with any other loss occasioned by such entry. For each of the express requirements set forth in this Leaseforegoing purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. 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, except XxxxxxPremises (excluding Tenant’s vaults, safes and similar areas designated in writing by Tenant in advance and approved by Landlord); and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any of said means, or otherwise, in accordance with this Paragraph 16.1 shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall not have no obligation the right to provide either janitorial service post any “for sale” or cleaning in “for lease” signs on the Secured Areas. Landlord may not enter such Secured Areas except in Real Property during the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesLease Term.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, its agents or representatives shall have the right to enter the Premises upon at least twenty-four hours prior notice (except in to inspect the case of an emergency same, or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenderspurchasers, purchasers ormortgagees, tenants (during the last twelve (12) months of the termLease Term or earlier in connection with a potential relocation) or insurers, or to prospective tenantsclean or make repairs, (d) post notices of nonresponsibilityalterations or additions thereto, and alterincluding any work that Landlord deems necessary for the safety, improve protection or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions preservation of the Premises without Tenant's consent) Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or any other portion tenants' premises. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts (1) not to unreasonably interfere with the conduct of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle business of Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter on the Premises and any (2) if entry during Normal Business Hours would unreasonably interfere with Tenant's business, to affect such entry to during hours other than Normal Business Hours, unless such entry is necessitated by the Premises shall not constitute a forcible acts or unlawful entry into the Premises, a detainer of the Premises, or an eviction omissions of Tenant from or the Premisesperformance of Landlord's obligations hereunder and, by performing work during non-business hours, Landlord would be required to have building personnel remain in the Building after normal working hours or to pay its contractors overtime. Except for any portion thereof. a. Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property entry by Landlord in an emergency situation or confidential information. Landlord shall have no obligation to provide either normal cleaning and janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspectionservice, in which case Landlord shall provide Tenant with ten not less than 24 hour prior notice to Tenant's Vice President of Human Resources, if available, or such shorter period as may be verbally agreed to by Tenant or its representative on a case by case basis. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close the Premises to perform repairs, alterations or additions in the Premises, provided that Landlord shall use reasonable efforts to perform all such work on weekends and after Normal Business Hours. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as provided above, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent and Additional Rent during such temporary closure, provided that Tenant shall not be entitled to an abatement if the repairs, alterations and/or additions to be performed are required as a result of (101) days’ prior written notice anything done by Tenant, its agents, employees or contractors; (2) any activities of Tenant, its agents, employees or contractors in, on or about the Premises; (3) the use of the specific date Premises by Tenant, or (4) a default by Tenant in its maintenance and time of such repair obligations under the Lease. Entry by Landlord inspection and hereunder shall allow an employee of not constitute a constructive eviction or entitle Tenant to accompany Landlord at all timesany abatement or reduction of Rent by reason thereof.

Appears in 1 contract

Samples: Office Lease (First Capital Insured Real Estate Limited Partnership)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times (during Building Hours with respect to items (i) and (ii) below) and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers oror to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twelve nine (129) months of the termLease Term, to prospective tenants; provided, however, that during the first three (d3) months of such period in which Landlord may enter the Premises to show the same to prospective tenants, Landlord's entries for such purpose shall be limited to three (3) per month unless otherwise agreed to by Tenant; (iii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or the Premises without TenantBuilding's consent) or any other portion of systems and equipment. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies may take such reasonable steps as required to accomplish the stated purposes; provided, however, except for emergencies, any such entry shall be performed in a commercially reasonable manner so as not to unreasonably interfere with Tenant's use of the express requirements Premises and shall be performed after normal business hours if reasonably practical. Except as otherwise set forth in this LeaseSection 3.3, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or any portion thereofdecorations except as otherwise expressly agreed to be performed by Landlord herein. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Anacomp 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 may, reserves and shall at any and all times have the right (upon reasonable times, enter the Premises upon at least twenty-four hours prior advance notice ([which may be telephonic] except in the case of an emergency or emergency) to enter the Premises to inspect the same, to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial janitor service and any other service to be ,provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) show the to submit said Premises to prospective lenders, purchasers or, or tenants during the last twelve final eighteen (1218) months of the 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, (d) post notices of nonresponsibility, and to alter, improve or repair the Premises (howeverBuilding as provided above, no and without being deemed guilty of any eviction of Tenant and, except as set forth below, without abatement of rent, and may, in order to carry out such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alterationpurposes, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Except as expressly provided Tenant hereby waives any claim for damages for any inconvenience to or interference with Tenant's business, any loss of occupancy (other than in this Leasethe 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 provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseaforesaid purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. 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, except Xxxxxx’s vaults, excluding Tenant's vaults and safes and other secured areas, and Landlord shall have the Secured Areas (as defined below). If means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord in good faith by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. Tenant may designate certain areas , and any damages caused on account thereof shall be paid by Tenant. Landlord hereby agrees to use its best good faith efforts in the exercise of its rights under this Paragraph 14 to minimize any disturbance of Tenant's use and possession of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation and to provide either janitorial service or cleaning in the Secured Areas. Landlord as much notice to Tenant as may not enter be reasonably possible prior to any such Secured Areas except in the case exercise of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesLandlord's rights under this Paragraph 14.

Appears in 1 contract

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

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon prior reasonable notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article, Landlord may erect if reasonably enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the Real Property scaffolding abatement of Rent and other structures reasonably shall include the right to take such reasonable steps as required for to accomplish the work to be performed. Except as expressly provided in this Leasestated purposes; provided, and provided Landlord complies with the express requirements set forth in this Leasehowever, in no event shall that any such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such 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 by Landlord's entry into the Premises. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premisesspecial security areas designated in advance by -25- CARMEL XXXXXXXXX XXXXX [XXX Xxxutions, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.Inc.]

Appears in 1 contract

Samples: Office Lease (PDF Solutions Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times (during Building Hours with respect to items (i) and (ii) below) and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers oror to current or prospective mortgagees, ground or underlying lessors or insurers, or during the last twelve six (126) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained herein, Tenant shall be made entitled, during the Lease Term, to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior designate certain portions of the Premises without as a “Secured Area” and to control access to such areas as reasonably necessary to secure such Secured Area(s). The Secured Areas shall be comprised of Tenant's consent’s lab space and IT room. Landlord and Tenant hereby agree and acknowledge that, except in the case of an emergency, Landlord shall enter such Secured Areas only upon one (1) or business days’ prior notice to Tenant and only after providing Tenant with the opportunity to have a representative of Tenant present as an escort. Landlord and Tenant hereby agree to use commercially reasonable efforts to schedule any other portion such entries into the Secured Areas by Landlord at times that are mutually convenient to both Landlord and Tenant, taking into consideration the nature of Tenant’s operations in the Premises and the nature of the Real Propertydesired entry. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 27 , Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes; provided, in no event shall however, except for ( x ) emergencies, ( y ) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or ( z ) repairs which are the obligation of Tenant hereunder, any such entry or work entitle Tenant shall be performed in a manner so as not to an abatement unreasonably interfere with Tenant’s use of rentthe Premises and shall be performed after normal business hours if reasonably practical. With respect to items ( y ) and ( z ) above, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith commercially reasonable efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possiblenot materially interfere with Tenant’s use of, or access to, the Premises. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein. Landlord will exercise its rights pursuant to this Article 27 in a manner so as to minimize any portion thereof. a. Tenant may designate certain areas unreasonable interference with Tenant’s use of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesPremises.

Appears in 1 contract

Samples: Sublease (Dexcom Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior reasonable notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers ormortgagees or tenants (but as to prospective tenants, only during the last twelve (12) months of the terminitial Lease Term), or to prospective tenants, the ground or underlying lessors; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes or for structural alterations, repairs or improvements to the Building. Tenant shall be made offered an opportunity to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In accompany Landlord in connection with any such alteration, improvement or repairentry 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 Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent so long as Tenant can continue to occupy and use any affected portion of the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work same business purposes as Tenant had been using such affected portion prior to be performed. Except as expressly provided in this LeaseLandlord’s entry, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes, in no event shall provided, however, that any such entry or work entitle shall be accomplished as expeditiously as reasonably possible and in a manner so as to not materially and adversely interfere with Tenant’s normal business functions. Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby except any claims arising out of Landlord’s gross negligence or willful misconduct. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated from time to time in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease and Settlement Agreement (Peregrine Systems Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four (24) hours prior advance notice to Tenant (except in the case of an emergency or situations and/or to supply normal and regular perform janitorial or security other services pursuant to the terms required of the Landlord under this Lease, in which case event no such prior notice shall be required) to enter the Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers ormortgagees or tenants (with respect to prospective tenants, during the last twelve (12) months of the termLease Term), or to prospective tenants, the ground or underlying lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no 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 Article 22. Landlord may enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such changes entries shall be made without the abatement of Rent and shall include the right to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) take such reasonable steps as required to accomplish the interior portions stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises without Tenant's consent) or Premises, and any other portion loss occasioned thereby. For each of the Real Property. In connection with any such alterationabove purposes, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises; provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or any portion thereof. a. Tenant may designate certain areas of adversely affect Tenant’s business operations at the Premises as “Secured Areas” should Tenant require such areas for the purpose (subject to events and circumstances outside of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesLandlord’s reasonable control).

Appears in 1 contract

Samples: Office Lease (InterPrivate III Financial Partners Inc.)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, shall have the right as provided herein to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) order to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) Premises; post notices of non-responsibility; show the Premises to prospective lenderspurchasers, purchasers orlenders or tenants; to have access to the freight elevator located within the Premises for use by Landlord or Landlord's tenants, licensees or invitees (it being understood that use of the freight elevator door located within the Premises by Landlord and others during the last twelve (12) months Lease Term hereof is meant to be on an occasional basis for the purpose of the termmoving furniture, equipment or other heavy objects to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior from other portions of the Premises without Tenant's consent) Building and not to be used by Landlord or any its other portion tenants to move freight, inventory or other materials to or from other portions of the Real Property. In connection with Building as part of any such alterationperson's usual business operations); perform its obligations and exercise its rights hereunder; and make repairs, improvement improvements, alterations or repair, Landlord may erect if reasonably required in additions to the Premises or elsewhere the Building or any portion thereof as Landlord deems necessary or desirable and to do all things necessary in the Real Property connection therewith, including, but not limited to, erecting scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantnecessary structures. Landlord shall use good faith efforts to cause all such work to retain (or be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which given by Tenant) keys to unlock all of the doors in to or within the Premises, except Xxxxxx’s vaults, safes excluding doors to Tenant's vaults and files. Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to the Premises, Landlord may use whatever force is any and all means necessary to enter the Premises and any such obtain entry to the Premises in an emergency. Landlord's entry to the Premises in accordance with this Article 12 shall not constitute not, under any circumstances, be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. Tenant may designate certain areas . 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 Premises Tenant, and in a manner so as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential informationnot to interfere unreasonably with Tenant's business operations. Landlord shall have no obligation to provide either janitorial service or cleaning Except in the Secured Areascase of emergency, twenty-four hours' prior notice shall be considered reasonable notice. Except in the case of emergency, the Landlord may not enter will comply with all customary security, safety and other workplace rules applicable to the Tenant's employees or to outside visitors when making such Secured Areas entry. Notwithstanding anything in this Article 12 to the contrary, Tenant shall, except in the case of emergency or emergency, have the right to postpone any proposed use of the freight elevator by Landlord, its tenants, licensees and invitees for up to 48 hours if Tenant, in its reasonable judgment, determines that such proposed use of the freight elevator would be disruptive to its business being conducted in the event of a Premises and provides Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of such postponement prior to 3:00 p.m. on the specific date and time day before any such proposed use of the freight elevator, which notice shall specify in reasonable detail Tenant's reasons for such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timespostponement.

Appears in 1 contract

Samples: Commercial Lease (Precision Optics Corporation Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to the Tenant to enter the Premises upon at least twenty-four hours prior notice to (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, to prospective mortgagees or tenants, or to the ground or underlying lessors; (diii) post notices of nonresponsibility, and non-responsibility; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the Premises manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform after the applicable notice and cure period. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or elsewhere in for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Any such entry into the Premises by Landlord under this Article 27 shall be performed in a manner so as not to materially interfere with Tenant’s use of, or any portion thereofaccess to, the Premises. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Selectica Inc)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, enter the Premises upon at least times after giving Tenant not less than twenty-four hours (24) hours’ prior written notice of such proposed entry (which may be given via e-mail to designated representative) for purposes other than as set forth in subpart (b) below, and except in the case event of an emergency or to supply normal and regular provide regularly-scheduled janitorial or security services pursuant to the terms of the Leaseother similar services, in which case when no such notice shall be required) to: , enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Leasehereunder, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyProject. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property Project scaffolding and other structures reasonably required for the work to be performed. Except as expressly to the extent provided in this Lease, and provided Landlord complies with the express requirements set forth in this LeaseParagraph 17.e., in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possiblepossible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except XxxxxxTenant’s vaults, safes and the Secured Access Areas (as defined below)in Paragraph 60 below),vaults and safes. If an emergency necessitates immediate access to the Premises, no prior notice will be required and Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Salt Blockchain Inc.)

ENTRY BY LANDLORD. Landlord may, and its employees and agents shall at any and all reasonable times, enter the Premises upon times and with reasonable advance written notice (which shall be at least twenty-four hours prior notice (24 hours), and in the presence of Tenant or Tenant's representatives except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms "EMERGENCY", which for purposes of the Lease, this Lease means situations in which case no such notice shall be requiredthere is an imminent threat to persons and/or property within the Building) to: (a) have the right to enter the Premises to inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show exhibit the Premises to prospective lenders, purchasers orpurchasers, during the last twelve (12) months of the term, to prospective and tenants, (d) and to post notices of nonresponsibilitynon-responsibility, and and/or to alter, improve or repair the Premises (howeveras contemplated by Section 12.3, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions all without being deemed guilty of the Premises without Tenantor liable for any breach of Landlord's consent) covenant of quiet enjoyment or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss and without abatement of business or profits by Tenantrent. Landlord shall use good faith efforts to cause all such work to be done exercise its rights under this Section in such a manner as to cause as little interference to minimize the imposition on Tenant's business, and shall provide Tenant as reasonably possiblewith reasonable advance written notice of such entry, except in an Emergency. Landlord shall at all times retain a key with have the means, which Landlord may deem reasonably proper, to unlock all of the open Tenant's doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access Emergency in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord in an Emergency or otherwise shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. Tenant may designate certain areas , or grounds for any abatement or reduction of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Rent and Landlord shall not have no obligation any liability to provide either janitorial service Tenant for any damages or cleaning in losses an account of any such entry by Landlord except subject to the Secured Areas. Landlord may not enter such Secured Areas except in provisions of Sections 32.7 and 24 to the case extent of emergency Landlord's negligence or in the event of a Landlord inspection, willful misconduct in which case Landlord Landlord's liability (if any) shall provide be limited to the extent such damages or losses are not covered by insurance carried by Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of or required to be carried by Tenant to accompany Landlord at all timeshereunder.

Appears in 1 contract

Samples: Lease (Ufp Technologies Inc)

ENTRY BY LANDLORD. (A) Landlord mayreserves, and shall at any and all times have, the right upon reasonable times, enter the Premises upon at least twenty-four hours prior notice (except in the case event of an emergency or in connection with the repair or maintenance obligations of Landlord hereunder) to supply normal and regular janitorial or security services pursuant enter the Premises (excluding secure areas reasonably designated in advance in writing by Tenant) for the following purposes: to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and them; to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, or mortgagees or during the last twelve twenty-four (1224) months of the term, Lease Term to prospective tenants, (d) ; to post notices of nonresponsibility, ; and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alterationBuilding as permitted or provided hereunder, improvement or repair, Landlord all without abatement of Rental; and may erect if reasonably required scaffolding and other necessary structures in or through the Premises or elsewhere in the Real Property scaffolding and other structures Building where reasonably required for by the character of the work to be performed; provided, however, that any such entrance or work shall not unreasonably interfere with Tenant's use of the Premises. Except as expressly provided in this LeaseIf Landlord desires to show the Premises to prospective purchasers, mortgagees, or tenants, Landlord's notice shall identify the prospective purchaser, mortgagee or tenant. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry, except for damage to property or injuries to persons to the extent caused by the gross negligence or willful misconduct of Landlord and not covered by the insurance required to be carried by Tenant hereunder or except to the extent such waiver is prohibited by law, provided Landlord complies with the express requirements set forth in this Lease, that in no event shall such entry Landlord be liable for any consequential damages or work entitle Tenant for any injury or damage to an abatement of rentor interference with Tenant's business, constitute an eviction of Tenantincluding, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages to, loss of profits or other revenues or loss of business or profits by Tenantopportunity. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the 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, except Xxxxxx’s Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance and approved by Landlord); and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of (B) At such time, if at all, as the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Building shall become a multi-tenant building, Landlord shall have no obligation the right to provide either janitorial service change the arrangement or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case location or times of emergency access of entrances or in the event of a Landlord inspectionpassageways, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the specific date Building, and time none of such Landlord inspection and the foregoing shall allow be deemed an employee actual or constructive eviction of Tenant, nor shall it entitle Tenant to accompany any reduction of Rental hereunder or result in any liability of Landlord at all timesto Tenant.

Appears in 1 contract

Samples: Office Lease (Cnet Networks Inc)

ENTRY BY LANDLORD. Landlord may, reserves and shall at any and all reasonable timestimes have the right, with prior notice to Tenant, to enter the Premises upon at least twenty-four hours prior notice (except in Leased Premises, to inspect the case of an emergency or same, to supply normal janitorial service and regular janitorial or security other services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and provided by Landlord to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show submit the Leased Premises to prospective lenders, purchasers or, during the last twelve (12) months of the termor tenants, to prospective tenants, (d) post notices of nonresponsibilitynon-responsibility, and to alter, improve or repair the Leased Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alterationBuilding of which the Leased Premises are a part, improvement without abatement of Annual Basic Rent or repairAdditional Rent, Landlord and may for that purpose erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed. Except as expressly provided in this Lease, always providing that access into the Leased Premises shall not be blocked thereby, and provided Landlord complies further providing that the business of Tenant shall not be interfered with unreasonably. For each of the express requirements set forth in this Leaseaforesaid purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon or about the Leased Premises, except Xxxxxx’s vaultsexcluding Tenant's vaults and safes, safes and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open such doors in an emergency necessitates immediate access in order to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such obtain entry to the Leased Premises, and any entry to the Leased Premises obtained by Landlord by any such means or otherwise shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, Leased Premises or an eviction of Tenant from the Premises, all or any portion thereof. a. Tenant may designate certain areas of the Premises Leased Premises. Nothing in this Article 0 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. Landlord shall have no obligation to provide either janitorial service or cleaning maintenance except as otherwise expressly required elsewhere in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesthis Lease.

Appears in 1 contract

Samples: Office Lease (Managed Care Solutions Inc)

ENTRY BY LANDLORD. Landlord may, and its agents shall be entitled to enter into and upon the premises at any and all reasonable times, enter the Premises upon at least twenty-four hours prior reasonable notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case event no such notice shall be required) to: ), for the following purposes: (a) to inspect or make repairs, alterations or additions to all or any portion of the same premises which Landlord may deem appropriate (i) to comply with any laws, ordinances, rules, regulations, or policies of any governmental authority or Landlord's insurance carrier(s), or (ii) to prevent waste or deterioration of the Project, or (iii) to promote the general welfare and safety of occupants of the Project, or (iv) to determine whether Tenant is enhance the value of the Project, or (v) to perform construction work elsewhere in compliance the Building adjacent to, above, or below the premises, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, provided that Landlord shall use due diligence not to unreasonably interfere with its obligations hereunder, Tenant's use of the premises in connection with the above; or (b) supply janitorial to post notices of non-responsibility for alterations, additions, or repairs; or (c) to place upon the premises any ordinary "for sale" signs and any other service Landlord is required to provide hereunder and perform repairs required under show the premises to prospective purchasers or lenders; and, during the ninety (90) day period prior to the expiration of this Lease, (c) show or upon any Event of Default, to place upon the Premises premises any usual or ordinary "for lease" signs and exhibit the premises to prospective lenders, purchasers or, during the last twelve (12) months tenants at reasonable hours. Landlord's rights of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except entry as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event Paragraph 21 shall such entry or work entitle Tenant be subject to an abatement of rent, constitute an eviction the reasonable security regulations of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited and to liability for consequential damages or loss of business or profits by Tenant. the requirement that Landlord shall use good faith reasonable efforts to cause all such work to be done in such a manner as to cause as little minimize interference to Tenant as reasonably possiblewith Tenant's business activities on the premises. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises The preceding sentence shall not constitute a forcible require the use of overtime labor or unlawful entry into the Premises, a detainer conduct of the Premises, any work or an eviction other activities of Tenant from the Premises, or any portion thereofLandlord during Tenant's non-business hours. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable timestimes and upon reasonable notice to Tenant (which shall be no less than one (1) business day in advance, enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, mortgagees or (during the last twelve (12) months of the term, to prospective Lease Term) tenants, or to the ground or underlying lessors; (diii) post notices of nonresponsibility, and non-responsibility; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other Applicable Laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform after any applicable notice and cure period. Landlord may make any such entries without the Real Property scaffolding abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Subject to the other structures reasonably required for the work to be performed. Except as expressly provided in provisions of this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding 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 Secured Areas (as defined below)Premises. If In an emergency necessitates immediate access emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Cornerstone OnDemand Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours not less than one (1) day’s prior written (which may be by email) notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and nonresponsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises (or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment; provided, however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions Landlord acknowledges that certain areas of the Premises without contain materials and information that is confidential to Tenant's consent) or any other portion , and/or are substance-controlled (each, a “Restricted Area”); in such areas, Landlord acknowledges and agrees that it will enter a Restricted Area only when accompanied by a representative of Tenant and wearing such protective garments as Tenant shall require. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises and shall take all reasonable efforts to preserve the confidentiality of the Real Property. In connection with any such alteration, improvement or repairbusiness operations of Tenant and shall advise all Landlord Parties to do so, Landlord may erect if reasonably required in make any such entries without the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with shall take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes. In an emergency, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall have the right to use good faith efforts any means that Landlord may deem proper to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of open the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, and upon the conclusion of the emergency within five (5) business days of Tenant’s request Landlord may use whatever force is necessary shall provide a summary to enter Tenant as to the reason for its entry and those persons who entered the Premises and any all actions taken. In the event Drug Enforcement Agency regulations require additional notice requirements following entry by Landlord or require restrictions on entry into the Premises, Landlord shall reasonably cooperate with such requirements provided Tenant provides written notice and proof of such requirements to Landlord. Any entry to into the Premises by Landlord in the manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease Agreement (Braeburn Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon not less than 48 hours’ prior reasonable notice to Tenant (except in cases of emergency) to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or to the ground lessors, or, during within the last twelve six (126) months of the termTerm, to prospective tenants, tenants of the Premises; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or other services required of Landlord pursuant to this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, Landlord shall use reasonable efforts to minimize any disruptions to Tenant’s business operations in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work during any such entry. Subject to be performed. Except as expressly provided in Section 6.7 of this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease Agreement (Regulus Therapeutics Inc.)

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ENTRY BY LANDLORD. Landlord mayreserves, and shall at any and all reasonable timestimes have, the right to enter the Premises upon at least twenty-four hours prior notice (except in i) to inspect the case of an emergency or Premises, (ii) to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations provided by Landlord hereunder, (biii) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, lenders or tenants and to prospective tenantsput 'for sale' or 'for lease' signs thereon, (div) to post notices of nonresponsibilityrequired or allowed by this lease or by law, and (v) to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alterationProject, improvement and (vi) to erect scaffolding and other necessary structures in or repair, Landlord may erect if reasonably required in through the Premises or elsewhere in the Real Property scaffolding and other structures Project where reasonably required for by the character of the work to be performed. Except as expressly provided Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising from Landlord's entry and acts pursuant to this Lease, paragraph and provided Landlord complies with the express requirements set forth in this Lease, in no event Tenant shall such entry or work entitle Tenant not be entitled to an abatement or reduction of rentrent if Landlord exercises any rights reserved in this paragraph. For each of the foregoing purposes, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. 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, except Xxxxxx’s Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance), and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, . Any entry by Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises pursuant to this paragraph shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, Premises or any portion thereof. a. Tenant may designate certain areas of . Notwithstanding the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas foregoing, and except in the case of emergency or in the event of a Landlord inspectionemergency, in which case Landlord shall provide give Tenant with ten at least twenty-four (1024) days’ hours prior written notice of its intent to enter the specific date Premises, and time such entry shall be subject to the reasonable security requirements of Tenant. In the course of such entry, Landlord inspection and shall allow an employee not unreasonably interfere with Tenant's use of Tenant the Premiss unless reasonably required in order for Landlord to accompany Landlord at all timesfulfill its obligations under the Lease.

Appears in 1 contract

Samples: Lease (Novacept Inc)

ENTRY BY LANDLORD. Tenant shall permit Landlord may, and his agents to enter into and upon said Premises at any and all reasonable timestimes subject to any security regulations or any requirements regarding safe use of lab space, enter maintenance of power, temperature, and quarantine areas of Tenant for the purpose of inspecting the same or for the purpose of maintaining the Premises upon at least twenty-four hours prior notice (except in or for the case purpose of an emergency making repairs, alterations or additions to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of said Premises or for the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in purpose of erecting additional building(s) and improvements on the land where the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwiseare situated, or impose upon Landlord on adjacent land owned by Landlord, including the erection and maintenance of such scaffolding, canopies, fences and props as may be required without any abatement or reduction of Base Monthly Rent or without any liability whatsoever, including but not limited to liability Tenant for consequential damages or any loss of business occupation or profits by Tenant. quiet enjoyment of the Premises thereby occasioned provided that Landlord shall use uses good faith faith, reasonable efforts to cause all such work minimize any undue disruption to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except XxxxxxTenant’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate operations or access to the Premises; and Tenant shall permit Landlord and its agents, at any time within one hundred eighty (180) days prior to the Expiration Date (or at any time during the Lease if Tenant is in default hereunder), to place upon the Premises any “For Sale” or “For Lease” signs and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours with reasonable notice. Landlord may use whatever force is necessary shall comply with Tenant’s security procedures applicable to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer unreasonably interfere with Tenant’s use of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease Agreement (Xenoport Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours not less than one (1) business day’s prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such prior notice shall be required) required in case of emergency), to enter the Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, to prospective mortgagees or tenants, or to the ground lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably required in enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performed. Except as expressly provided in this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. 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 provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Aqua Metals, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves and shall at any and all reasonable times, times have the right to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or Premises, to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the said Premises to prospective lenders, purchasers or, or (during the last twelve six (126) months of the termTerm) tenants, to prospective tenants, (d) post notices of nonresponsibilitynon-responsibility, and to alter, improve improve, or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or and any other portion of the Real Property. In connection with any such alteration, improvement or repair, Project of which the Premises are a part that Landlord may deem necessary or desirable without abatement of Monthly Rent and may for that purpose erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claim for consequential damages or for any injury or inconvenience to or interference with Tenant's business, any loss of business occupancy or profits quiet enjoyment of the Premises and other loss occasioned thereby except to the extent caused by TenantLandlord's gross negligence or willful misconduct. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the 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, except Xxxxxx’s excluding Tenant's vaults, safes safes, files and restricted lab areas, and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such obtain entry to the Premises without liability to tenant except for any failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, Premises or an eviction of Tenant from the Premises, Premises or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas and Landlord's agents, except in the case of emergency or in emergency, shall not enter the event Premises without prior consultation with Tenant. Any entry by Landlord and Landlord's agents shall not impair Tenant's operations more than reasonably necessary, and for the safety of a Landlord inspectionand Landlord's employees, in which case Landlord agents and representatives, shall provide Tenant comply with ten (10) days’ prior written notice Tenant's reasonable security measures and health and safety precautions due to Tenant's use of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesbiological agents.

Appears in 1 contract

Samples: Building Lease (Alexion Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior (24) hours’ notice to Tenant (except in the case of an emergency or situations and/or to supply normal and regular perform janitorial or security other services pursuant to the terms required of the Landlord under this Lease, in which case event no such prior notice shall be required) to enter the Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers ormortgagees or tenants (with respect to prospective tenants, during the last twelve (12) months of the termLease Term), or to prospective tenants, the ground or underlying lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably required in enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performed. Except as expressly provided in this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable [FINAL EXECUTION COPY]SMRH:478611488.18 -33- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 steps as required to accomplish the stated purposes. 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 provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises; provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or any portion thereof. a. Tenant may designate certain areas of adversely affect Tenant’s business operations at the Premises as “Secured Areas” should Tenant require such areas for the purpose (subject to events and circumstances outside of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesLandlord’s reasonable control).

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

ENTRY BY LANDLORD. 19.1 Landlord may, at any and all reasonable times, its designees may enter the Demised Premises at reasonable hours and upon at least twenty-four hours prior notice (reasonable notice, except in the case of an emergency or emergencies and except with respect to supply normal and regular janitorial or security services pursuant (d) below, to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same, (b) exhibit the same and to prospective purchasers, lenders or tenants, (c) determine whether Tenant is in compliance complying with all of its obligations hereunder, (bd) supply janitorial janitor service and any other service services to be provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (de) post notices of nonresponsibility, and alter(f) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, improve alterations or repair the Premises (however, no such changes shall be made improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alterationBuilding; provided, improvement or repairhowever, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause that all such work to shall be done in such a manner as to cause as little interference to Tenant promptly as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Demised Premises or any other loss occasioned by such entry. 19.2 Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, except Xxxxxx’s Demised Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance); and Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to the Premises, use any and all means which Landlord may use whatever force is necessary deem proper to enter the Premises and open said doors in any such emergency in order to obtain entry to the Demised Premises, and any entry to the Demised Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Demised Premises or an eviction eviction, actual or constructive, of Tenant from the Demised Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Universal Standard Medical Laboratories Inc)

ENTRY BY LANDLORD. (A) Landlord may, at any and all reasonable times, may enter the Premises upon at all reasonable times (and Tenant shall have the right to have its representatives present) so long as Landlord provides Tenant with at least twenty-four hours (24) hours’ prior telephonic notice thereof (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, Emergency Situation in which case no such prior notice shall be required, but Landlord shall endeavor in good faith to provide prompt oral notice) to: (a) inspect the same; exhibit the same and to prospective purchasers, Mortgagees, Ground Lessors or, during the last eighteen (18) months of the Term, tenants; determine whether Tenant is in compliance complying with all of its obligations hereunder, (b) under this Lease; supply janitorial and any other service services to be provided by Landlord is required to provide hereunder Tenant under this Lease (as to which no prior notice shall be required); and perform make repairs in or to the Building or the Premises or improvements to the Building (and, if required under this Lease, (cto the Premises) show to the Premises to prospective lendersextent and in the manner permitted hereunder; provided, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause that all such work to shall be done in such a manner as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Except in the case of any Emergency Situation or as otherwise provided hereunder, any such work and services to be provided by Landlord to Tenant under this Lease (other than changing of light bulbs and similar work) to be performed within any portion of the Premises shall be done outside of Regular Business Hours, unless Tenant otherwise requests. 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, except XxxxxxPremises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use reasonable means to open such doors to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any such means, if done in accordance with the provisions of this Article 17 and Article 8 above (but subject to Article 23 hereof), shall not constitute under any circumstances be deemed or construed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from any part of the Premises, or any portion thereof. Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease. a. Tenant may designate certain areas of (B) In connection with any work performed by Landlord in the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. pursuant to this Article 17, Landlord shall have no obligation to provide either janitorial service or cleaning in (a) perform the Secured Areas. Landlord may not enter such Secured Areas same outside of Regular Business Hours (except in the case of emergency or in the event of a an Emergency Situation or as otherwise provided in this Lease), (b) clean up and, except in the event of an Emergency Situation, restore (e.g., ceilings fully closed up with lighting functional) all areas being utilized for such work each morning prior to the commencement of Regular Business Hours such that there is no material interference with Tenant’s operations during Regular Business Hours resulting therefrom, and (c) promptly after the completion of its work, restore or repair any damage to the Premises and any of Tenant’s property therein as may have been affected by the performance of such work to the condition existing prior to the performance of such work. If Landlord inspection, in which case Landlord shall provide Tenant with fails to make such restoration or repair within ten (10) days’ prior days after written notice of from Tenant, then Tenant shall have the specific date right to give Landlord a second written notice containing a sentence stating “IF LANDLORD FAILS TO MAKE THE APPLICABLE RESTORATION OR REPAIR WITHIN TWO (2) BUSINESS DAYS AFTER LANDLORD’S RECEIPT HEREOF, TENANT SHALL HAVE THE RIGHT TO MAKE SUCH RESTORATION OR REPAIR,” and, in the event that Landlord fails to make such restoration or repair within two (2) Business Days after Landlord’s receipt thereof (and time provided Landlord has not commenced such restoration or repair within such two (2) Business Day period, or fails thereafter to diligently prosecute such restoration or repair to completion), Tenant shall have the right (but not the obligation) to make such restoration and repair and to charge Landlord for the actual, reasonable costs incurred by Tenant therefor by written invoice to Landlord, in which event Landlord shall pay the amount of such Landlord inspection and shall allow an employee of invoice to Tenant to accompany Landlord at all timeswithin thirty (30) days after Landlord’s receipt thereof.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours not less than two (2) business days' prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such prior notice shall be requiredrequired in case of emergency) to Tenant to enter the Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, to prospective mortgagees or tenants, or to the ground lessors; or (diii) to post notices of nonresponsibility. Upon not less than three (3) business days' prior notice to Tenant (except no such prior notice shall be required in case of emergency), and Landlord may enter the Premises to alter, improve or repair the Premises (howeveror the Buildings if necessary to comply with current building codes or other Applicable Laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Buildings. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform other services required of Landlord pursuant to this Lease. In exercising any rights of entry to the Premises, Landlord shall make commercially reasonable efforts to not unreasonably interfere with or disrupt the normal operation of Tenant's business (except in the Premises or elsewhere in case of emergency). Any such entries shall be without the Real Property scaffolding abatement of Rent and other structures reasonably shall include the right to take such reasonable steps as required for to accomplish the work to be performedstated purposes. Except as expressly provided in this LeaseSection 6.6 above, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Biotime Inc)

ENTRY BY LANDLORD. Landlord may, and its agents shall be entitled to enter into and upon the Premises at any and all reasonable times, enter the Premises times upon at least twenty-four hours prior reasonable notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in which case event no such notice shall be required) to: ), for purposes of (a) inspect the same and to determine whether Tenant is in compliance with i)exercising its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required rights under this Lease; (ii) posting notices of non-responsibility for alterations, additions, or repairs, (ciii) show during the final year of the lease term for the purpose of placing upon the Premises any ordinary "for sale" signs, and during the one hundred eight (180) day period prior to the expiration of this Lease, to place upon the Premises any usual or ordinary "for lease" signs and exhibit the Premises to prospective lenders, purchasers or, during tenants at reasonable hours; (iv)determining whether the last twelve Premises are in good condition; (12v) months performing any maintenance or repair of the termBuilding or Premises that Landlord has the right or obligation to perform; (vi) determining whether Tenant is complying with its obligations under this Lease (including, to prospective tenantswithout limitation, (dits obligations under paragraph 5); or(vii) post notices of nonresponsibility, and alter, improve doing any other act or repair thing necessary for the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions safety or preservation of the Premises Building or the Premises, all without any abatement of rent and without liability to Tenant for any injury or inconvenience to or interference with Tenant's consent) business, quiet enjoyment of the Premises, or any other portion loss occasioned thereby, except for Landlord's gross negligence or willful misconduct. Landlord's rights of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except entry as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event paragraph shall such entry or work entitle be subject to the reasonable security regulations of Tenant to an abatement of rent, constitute an eviction of and good laboratory practices as determined by Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited and to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. the requirement that Landlord shall at all times retain act in a key manner designed to minimize interference with which to unlock all of the doors in Tenant's business activities on the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior reasonable notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the termLease 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; (diii) post notices of nonresponsibility, and ; (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment; or (howeverv) access or perform work in any and all areas surrounding the Building, no such changes shall be made including, without limitation, the East Channel located behind the Building. Notwithstanding anything to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably required enter the Premises at any time to (A) intentionally omitted; (B) take possession due to any breach of this Lease in the Premises or elsewhere in manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages for any injuries (except to the extent caused by the gross negligence or willful misconduct of Landlord) or inconvenience to or interference with the express requirements set forth in this LeaseTenant's business, in no event shall such entry or work entitle Tenant to an abatement of rentlost profits, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or any portion thereofdecorations except as otherwise expressly agreed to be performed by Landlord herein. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Bloom Energy Corp)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable timestimes and upon reasonable notice to Tenant (which notice, enter notwithstanding anything to the Premises upon at least twenty-four hours prior contrary contained in Article 28 of this Lease, may be oral, and which notice (except shall not be required in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers or to current or prospective mortgagees, purchasers orground or underlying lessors or insurers, or to prospective tenants during the last twelve (12) months of the term, to prospective tenants, Lease Term; (diii) post notices of nonresponsibility, and alter, improve or repair ; (iv) make repairs to the Premises (however, no such changes shall be made or to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or to any equipment located in the Premises without Tenant's consentas Landlord shall reasonably deem necessary; or (v) to the extent necessary in order for Landlord to take an action which Landlord has a right or any other portion an obligation to take under the terms of this Lease, or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises or elsewhere manner provided herein; and (C) pursuant to Section 26.1 of this Lease (except in the Real Property scaffolding and other structures reasonably required for the work case of an emergency), perform any covenants of Tenant which Tenant fails to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantperform. Landlord shall use good faith commercially reasonable efforts to cause minimize interference with the conduct of Tenant’s business in connection with all entries into the Premises. Landlord may make any such work entries without the abatement of Rent (except as specifically set forth in Section 19.5.2 of this Lease) and may take such reasonable steps as required to be done accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business and/or lost profits occasioned thereby, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to Applicable Law for personal injury and property damage to the extent caused by the 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 in connection with such entries; provided that Tenant does not waive any claim for actual or constructive eviction as a manner as to cause as little interference to Tenant as reasonably possibleresult of Landlord’s entry. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry . Notwithstanding anything to the Premises shall not constitute a forcible or unlawful entry into the Premisescontrary set forth in this Article 27, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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 have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case event of emergency 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 event 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 a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice from any portion of the specific date and time Premises. No provision of such this Lease shall be construed as obligating Landlord inspection and shall allow an employee of Tenant to accompany perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord at all timesherein.

Appears in 1 contract

Samples: Office Lease (Trulia, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior reasonable notice (not less than 24 hours in advance except in the case event of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Leaseemergency, in for which case no such notice shall be required) to Tenant to enter the Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers ormortgagees or tenants, or to the ground or underlying lessors during the last twelve nine (129) months of the term, Lease Term; (iii) to prospective tenants, (d) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably required in enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performed. Except as expressly provided in this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. 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 provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior not less than one (1) business days’ notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibilitynonresponsibility (to the extent applicable pursuant to then applicable law); (iv) to the extent permitted or required by express provisions of this Lease, and to alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment, or (howeverv) exercise its rights under Article 26 of this Lease, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Propertyabove. In connection with Landlord may make any such alterationentries without the abatement of Rent, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except except as expressly otherwise provided in this Lease, and provided may take such reasonable steps as required to accomplish the stated purposes. Except in the event of an emergency, Landlord complies shall employ commercially reasonable efforts to minimize interference with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction conduct of Tenant’s business in connection with entries into the Premises. In an emergency, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall have the right to use good faith efforts any means that Landlord may deem proper to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of open the doors in and to the Premises. Provided that Landlord employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s business in connection with entries into the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises, Landlord may use whatever force is necessary to enter and any other loss occasioned thereby. Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or any portion thereofdecorations except as otherwise expressly agreed to be performed by Landlord herein. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (BioAtla, Inc.)

ENTRY BY LANDLORD. 13.1 Landlord may, at any and all reasonable times, its authorized representatives shall have the right to enter the Premises at all reasonable times and upon at least twenty-four hours prior reasonable advance notice to Tenant (except in the case event of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be requiredemergency) (i) to: (a) inspect the same and to determine whether the Premises are in good condition and whether Tenant is in compliance complying with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) to maintain or to make any repair or restoration to the Building, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post, or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in default, (vi) to show the Premises to prospective lendersbrokers, purchasers oragents, during buyers, tenants, or persons interested in an exchange, (vii) to shore the last twelve (12) months foundations, footings, and walls of the termBuilding and to erect temporary scaffolding and protective barricades around and about the Building or the Premises for safety purposes, but not so as to prospective tenants, (d) post notices of nonresponsibilityprevent entry into the Premises, and alter, improve (viii) to do any other act or repair thing necessary for the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions safety or preservation of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantBuilding. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall have the right at all times to have and retain a key with which to unlock all of doors in, upon and about the doors in Premises excluding Tenant's vaults and safes, and Landlord shall have the Premises, except Xxxxxx’s vaults, safes right to use any and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, all means which Landlord may use whatever force is necessary deem proper to enter the Premises gain entry in an emergency, and any such entry to the Premises obtained by Landlord in accordance with the foregoing shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi- governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant may designate certain areas hereunder and have not been completed by Tenant, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the Premises by reason of Landlord's exercise of its rights of entry in accordance with this Article 13, except with respect to property damage caused by Landlord's negligence or wilful misconduct, and, except as “Secured Areas” should set forth in Section 12.7, above, Tenant require such areas for the purpose shall not be entitled to an abatement or reduction of securing certain valuable property or confidential informationRent in connection therewith. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas14. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.MAINTENANCE AND REPAIR; COMPLIANCE WITH LAW 14.1

Appears in 1 contract

Samples: Office Lease (Activision Inc /Ny)

ENTRY BY LANDLORD. Subject to United States Government security requirements if and as applicable, the Landlord may, at any and all reasonable times, may enter the Premises and/or Building at reasonable hours and upon at least twenty-four 24 hours prior written notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant Tenant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same, (b) show the same and to prospective purchasers, lenders or tenants, (c) determine whether Tenant is in compliance complying with its all of Tenant's obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve non-responsibility or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36e) the interior portions make repairs required of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in under this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry repairs to adjoining space or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwiseutility service, or impose upon Landlord any liability whatsoevermake repairs, including but not limited alterations or improvements to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause the Building, provided that all such work to shall be done in such a manner as to cause promptly as possible and with as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry, unless caused by the reckless or intentional acts of Landlord or its agents. Landlord shall at all times have and retain a key with which to unlock all of doors in, on or about the doors in the Premises, except Xxxxxx’s Premises (excluding Tenant's vaults, safes and the Secured Areas (as defined belowsimilar areas designated in writing by Tenant). If In the event of an emergency necessitates immediate access emergency, Landlord shall have the right to use any and all means which Landlord may deem proper to enter the Premises, Landlord may use whatever force is necessary to enter without notice, for the Premises and any such entry to the Premises limited purpose of abating, as possible, said emergency. Such emergency entrance shall not constitute be deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of . Notwithstanding Landlord's entering the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except without notice in the case of emergency or in the event of a Landlord inspectionan 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 ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesmy designate hereafter in writing.

Appears in 1 contract

Samples: Lease (Advanta Corp)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to Tenant to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, mortgagees or (during the last twelve nine (129) months of the term, to prospective Lease Term) tenants, or to the ground lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably enter the 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -35- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] Premises at any time, without notice to Tenant, in emergency situations. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required in to accomplish the Premises stated purposes. Tenant hereby waives any claims for damages or elsewhere in for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of 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, or any portion thereof. a. 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. (ii) Landlord shall follow Tenant’s commercially reasonable safety and security protocols, and (iii) Tenant shall have no obligation the right to have an escort present during any such entry (but Tenant’s failure to provide either janitorial service or cleaning in such escort shall not hinder Landlord’s right to access the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesPremises).

Appears in 1 contract

Samples: Lease (Kura Oncology, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least not less than twenty-four (24) hours prior 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 or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers, or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or the Premises without Tenant's consent) or any other portion of Building’s systems and equipment. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 27, Landlord may erect if reasonably enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the Premises or elsewhere in the Real Property scaffolding manner provided herein; and other structures reasonably required for the work (C) perform any covenants of Tenant which Xxxxxx fails to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantperform. Landlord shall use good faith commercially reasonable efforts to cause all minimize interference with the conduct of Xxxxxx’s business in connection with such work entries into the Premises. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to be done accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Xxxxxx’s business and/or lost profits occasioned thereby, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the 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 Xxxxxx’s business in connection with entries into the Premises, Tenant hereby waives any claims for any loss of occupancy or quiet enjoyment of the Premises in connection with such a manner as to cause as little interference to Tenant as reasonably possibleentries. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or any portion thereof. a. Tenant may designate certain areas of the Premises decorations except as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential informationotherwise expressly agreed to be performed by Landlord herein. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection607152.05/WLA [Nighthawk Radiology Services, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.LLC] E2621-081/1-8-07/kt/kt -45- [AMLGMN]

Appears in 1 contract

Samples: Office Lease (NightHawk Radiology Holdings Inc)

ENTRY BY LANDLORD. Landlord mayand its agents shall have the right to enter or pass through the Premises at reasonable times with reasonable prior notice subject to the terms set forth below: (a) to examine the Premises and to show them to actual and prospective lenders, purchasers and lessors, (b) to show prospective lessees of the Premises during the last 12 months of the Lease Term; (c) to show the Contraction Space (as defined in ARTICLE 30) at any time after Tenant has exercised its Contraction Right in accordance with ARTICLE 30 hereto; and (d) to make repairs, alterations, additions and improvements in the Premises, the Building or Building facilities and equipment as provided for herein. Any entry by Landlord shall be made on reasonable advance notice which notice shall not be less than twenty four (24) hours, except in emergency situations. In exercising its rights under this SECTION 12.2, Landlord and its agents, employees and invitees shall (i) take reasonable measures (without requiring the use of overtime or premium pay labor) to avoid unnecessary interference with Xxxxxx's use and occupancy of the Premises; (ii) be subject to Tenant's reasonable security regulations or procedures; (iii) take reasonable measures to safeguard all reasonable times, enter person and property in the Premises upon at least twenty-four hours prior notice from any injury or damage and (iv) maintain in confidence any information learned about Tenant or its agents, employees or invitees. Landlord shall have a pass key to the Premises (except for any locked areas described in SECTION 6.9 hereof), and shall be allowed to bring reasonable amounts of materials and equipment into the Premises as required in connection with repairs, alterations, additions and improvements, without any liability to Tenant and without any reduction of Tenant's covenants and obligations, except as otherwise expressly provided under this Lease. Landlord shall be responsible for any damages caused to Xxxxxx's property to the extent resulting from any forced entry into the Premises by Landlord or its agents, except as necessary in the case of an emergency or emergency. Xxxxxxxx agrees to supply normal and regular janitorial or security services pursuant to the terms provide Tenant with reasonable advance notice of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary need to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premisesas referenced above and, a detainer of the Premisesupon Xxxxxx's request, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant will meet with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesagree upon a mutually agreeable schedule for such entry, including, when feasible, scheduling entry times during other than regular business hours.

Appears in 1 contract

Samples: Undefined (Ocwen Asset Investment Corp)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant a) Subject to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repairSection 24.2(a), Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall its Affiliates at all times have the right to enter the Premises, and Landlord will retain a key with which (or be given by Tenant) keys to unlock all of the doors in to or within the Premises, except Xxxxxxexcluding doors to Tenant’s vaults, safes vaults and files and Tenant’s limited high-security areas. Landlord in good faith will attempt to give Tenant oral or written notice at least one (1) day prior to entering the Secured Areas (as defined below)Premises and will use commercially reasonable efforts to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances. If an emergency necessitates immediate access to the PremisesBut, Landlord may need not give notice and will have the right to use whatever force is any means necessary to enter the Premises and any if Landlord believes there is an emergency or that entry is necessary to prevent damage or injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may result in material interference). Entry to the Premises shall not constitute and the exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction of Tenant from the Premises, Premises or any portion thereof, nor will it subject Landlord to any Liabilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10b) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.[Intentionally Omitted]

Appears in 1 contract

Samples: Lease (Transmedics Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours not less than three (3) days’ prior notice to Tenant (except in the case of an emergency or with respect to supply normal and regular janitorial or security services pursuant regularly scheduled services) to enter the terms of the Lease, in which case no such notice shall be required) to: Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve nine (129) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and non-responsibility (to the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises (howeveror the Building, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building or the Building’s systems and equipment. Notwithstanding the foregoing, if Landlord desires to enter the Premises without Tenant's consentupon less than three (3) or any other portion of the Real Property. In connection with any such alterationdays’ notice, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith faith, diligent efforts to cause all accommodate Landlord’s entry upon such work shorter notice. Tenant shall additionally have the right to require that Landlord be done in accompanied by a representative of Tenant during any such entry as an escort for Landlord’s personnel so long as Tenant makes a manner representative available at commercially reasonable times; provided, however, any entry into the BSL 3 laboratory area shall be restricted to persons (i) with proper training as to cause Tenant’s applicable safety and security protocols, (ii) appropriate personal protective equipment as little interference to reasonably required by Tenant, and (iii) accompanied by a representative of Tenant as reasonably possible. Landlord an escort for such persons (which representative Tenant shall make available at all times retain a key commercially reasonable times). Provided that Landlord employs commercially reasonable efforts to minimize interference with which to unlock all the conduct of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to business in connection with entries into the Premises, Landlord may make any such entries without creating a default by Landlord and shall take such reasonable steps as required to accomplish the stated purposes. In making any such entry, Landlord shall use whatever force is necessary commercially reasonable efforts to enter follow, and cause third parties making entry at the request of Landlord to follow, Xxxxxx’s safety and security protocols of which Landlord has prior notice. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Landlord also shall have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building and to change the name, address, number or designation by which the Premises and is commonly known, provided any such entry change does not (A) unreasonably reduce, interfere with or deprive Tenant of access to the Premises nor compromise the safety and security protocols applicable to the laboratory areas within the Premises, or (B) reduce the rentable area (except by a de minimis amount) of the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of the Premises as “Secured Areas” should and the Base Rent (and any other item of Rent) shall under no circumstances xxxxx while said repairs, alterations, improvements, additions or restorations are being made, by reason of loss or interruption of business of Tenant, or otherwise. If Tenant require shall not be present when for any reason entry into the Premises shall be necessary or permissible, Landlord or Landlord’s agents, representatives, contractors or employees may enter the same without rendering Landlord or such areas for agents liable therefor if during such entry Landlord or Landlord’s agents shall accord reasonable care under the purpose of securing certain valuable property or confidential informationcircumstances to Tenant’s Property, and without in any manner affecting this Lease. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspectionTenant shall, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timestimes during the Term, be responsible for ensuring that Landlord has any and all keys, cards, codes or other means necessary to access the Premises.

Appears in 1 contract

Samples: Lease Agreement (Vir Biotechnology, Inc.)

ENTRY BY LANDLORD. Landlord may, and its employees and agents shall at any and all reasonable times, enter the Premises upon at least twenty-four hours times following prior notice to Tenant (which notice, except in the case of an emergency or emergencies and except with respect to supply normal and regular janitorial or security ordinary services pursuant to be provided by Landlord within the terms of the LeasePremises, in which case no such notice shall be requiredno less than twenty-four (24) to: (a) hours prior notice), have the right to enter the Premises to inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show exhibit the Premises to prospective lenders, lenders or purchasers or, (or during the last twelve (12) months of the termTerm, to prospective tenants), (d) to post notices of nonresponsibilitynon-responsibility, and and/or to alter, improve or repair the Premises (howeveras contemplated by Section 11.2 in the event Tenant fails to perform its obligations under Section 11.1, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions all without being deemed guilty of the Premises without Tenantor liable for any breach of Landlord's consent) covenant of quiet enjoyment or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwiseand without abatement of rent. In exercising such entry rights, or impose upon Landlord any liability whatsoevershall endeavor to minimize, including but not limited to liability for consequential damages or loss as reasonably practicable, the interference with Tenant's business, and shall provide Tenant with reasonable advance written notice of business or profits by Tenantsuch entry (except in emergency situations). Landlord shall use good faith efforts have the means which Landlord may deem proper to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the open Tenant's doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any . Any such entry (in accordance with the terms hereof) to the Premises obtained by Landlord by any of said means or otherwise shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. , or grounds for any abatement or reduction of Rent and Landlord shall not have any liability to Tenant may designate certain areas for any damages or losses on account of any such entry by Landlord except, subject to the provisions of Sections 21.1 and 23, to the extent of Landlord's gross negligence or willful misconduct. Except for services (if any) required to be provided by Landlord to the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas under this Lease and except in the case of emergency or in the event of emergencies, Landlord's entry rights are conditioned upon a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee representative of Tenant (but only to accompany the extent a representative is available) accompanying Landlord at all timesduring any other entry into the Premises.

Appears in 1 contract

Samples: Single Tenant Industrial Lease (Alliance Pharmaceutical Corp)

ENTRY BY LANDLORD. During the last six (6) Lease Months of the Term, Landlord may, at any and all reasonable times, may enter the Premises upon to show it to prospective tenants with twenty-four (24) hours’ advance written notice and during Normal Business Hours. Landlord, its agents, contractors and representatives may enter the Premises to inspect or examine the Premises, to clean and make repairs, alterations or additions to the Premises as reasonably necessary or proper for the safety, improvement or preservation of the Premises, and, subject to Section 7.B of this Lease, to conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants’ premises, so long as any such entry does not unreasonably interfere with Tenant’s use and occupancy of the Premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with at least twenty-four hours (24) hours’ prior notice (except in of any such entry into the case of an emergency or to supply normal and regular janitorial or security services pursuant Premises, which may be given orally. Subject to the terms of Section 7.B above, Landlord shall have the Lease, in which case no such notice shall be required) to: (a) inspect the same and right to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers oralterations and additions, during if reasonably necessary for the last twelve (12) months protection and safety of Tenant and its employees. Except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours; provided, however, that subject to Section 7.B above, Landlord is not required to conduct work on weekends or after Normal Business Hours if such work can be conducted without closing the Premises and without unreasonable interference with Tenant’s use and occupancy of the termPremises. Subject to the terms of Section 7.B above, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with entry by Landlord for any such alteration, improvement purposes shall not constitute a constructive eviction or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement or reduction of rentRent. Notwithstanding the above, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and entry into the Secured Areas (as defined below). If an emergency necessitates immediate access to shall be in accordance with the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer provisions of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.Section 5.C.

Appears in 1 contract

Samples: Office Lease (Pier 1 Imports Inc/De)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, shall have the right to enter the Premises upon at least twenty-four reasonable hours prior notice (and after reasonable notice, except in In the case event of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case event no such notice shall be required) , to: (a) inspect the Premises; (b) exhibit the same and to prospective purchasers, lenders or tenants; (c) determine whether Tenant is in compliance complying with all of its obligations hereunder, ; (bd) supply provide janitorial service and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this Lease, Tenant hereunder; (c) show the Premises to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (de) 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 (including checking, and alteradjusting, improve calibrating or repair balancing the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consentHVAC system) or make repairs, alterations or improvements to any other portion of the Real PropertyBuilding. In connection Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any such alteration, improvement loss of occupancy or repair, Landlord may erect if reasonably required in quiet enjoyment of the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and any other loss occasioned by such entry, provided that Landlord complies takes reasonable steps to minimize the interference with Tenant's use and enjoyment of the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possiblePremises. 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, except Xxxxxx’s Premises (including Tenant's vaults, safes and the Secured Areas (as defined belowsimilar areas agreed upon in writing by Tenant and Landlord). If Landlord shall have the right to use any and all means which Landlord may deem appropriate to open such doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such no entry to the Premises obtained by Landlord by any of such means shall not constitute under any circumstance be construed or deemed to be a forcible or unlawful entry into the Premisesinto, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.or

Appears in 1 contract

Samples: Standard Office Lease (Cybergold Inc)

ENTRY BY LANDLORD. Landlord may, at any and 18.1 At all reasonable times, enter the Premises times and upon at least twenty-four 24 hours prior notice to Tenant, (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case provided that no such notice shall be required) to: required in cases of an emergency), Landlord may enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, Premises; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers current or prospective Security Holders or insurers, or, during the last twelve (12) 12 months of the termTerm (or while an uncured Default exists), to prospective tenants, ; (diii) post notices of nonresponsibilitynon-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and alterwithout notice to Tenant, improve or repair Landlord may enter the Premises (to perform required services, provided, however, no such changes that except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1, may be made delivered by e-mail, fax, telephone or orally and in person) of any entry to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises without Tenant's consent) to perform maintenance, repairs or any other portion of the Real Propertyalterations. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access to the Premisesemergency, Landlord may use whatever force is necessary any means it deems proper to open doors to and in the Premises. Except in an emergency, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of the Premises. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a constructive eviction, or excuse Tenant from any obligation hereunder. 18.2 Tenant, at its expense, may provide its own locks to an area within the Premises (“Secured Area”) containing not more than 10% of the total rentable square feet. Upon the expiration or earlier termination of this Lease or Tenant’s right to possession, Tenant shall surrender to Landlord all keys to the Secured Area. Other than in an emergency, Landlord shall not enter the Premises Secured Area without Tenant’s consent, which shall not be unreasonably withheld. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines, in its sole discretion, that an emergency requires that Landlord enter the Secured Area, then (a) Landlord may forcibly enter the Secured Area; (b) Landlord shall have no liability to Tenant with respect to such entry; and (c) Tenant shall pay all reasonable expenses incurred by Landlord in repairing any such entry damage to the Premises shall not constitute a forcible or unlawful entry into the Premisesresulting from such entry. Notwithstanding any contrary provision hereof, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesArea.

Appears in 1 contract

Samples: Office Lease (Iovance Biotherapeutics, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves and shall at any and all reasonable times, enter the Premises times and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) and during normal business hours (except in the case of an emergency) have the right to enter the Premises to supply normal and regular janitorial or security services pursuant any service to the terms of the Leasebe provided by Landlord to Tenant hereunder, in which case no such notice shall be required) to: (a) to inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show the Premises to prospective purchasers, lenders, purchasers or, or investors and during the last twelve (12) months of the term, Term or following a default by Tenant to prospective tenants, (d) to post notices of nonresponsibilitynon-responsibility, and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding and/or the Project, as provided in Section 2.4 above, or for any other reasonable purpose, all without being deemed guilty of any eviction of Tenant and without abatement of Rent. In connection with any Landlord may, in order to carry out such alterationpurposes, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Except as expressly provided in Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, for any loss of occupancy or quiet enjoyment of the Premises and for any other loss in, upon and about the Premises, the Building or the Project on account of Landlord’s entry or work permitted by this LeaseArticle 18 or by Section 2.4 above, and provided Landlord complies with except to the express requirements set forth in this Leaseextent caused by Landlord’s gross negligence or willful misconduct; provided, however, that in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability be liable for consequential damages or loss of business or profits by Tenantlost profits. Without limiting the foregoing, Landlord shall use good faith commercially reasonable efforts to cause all such work to be done in such a manner as to cause as little minimize any disruption or interference to Tenant as reasonably possibleTenant’s business during such entry. Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes vaults and safes. Landlord shall have the Secured Areas (as defined below). If right to use any and all means that Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof, and any damages caused on account thereof shall be paid by Tenant. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to Tenant to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenders, purchasers or, or prospective or then-existing mortgagees or ground lessors (and during the last twelve (12) months of the termLease Term, to prospective tenants, ); (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeverPremises, no such changes shall be made the Project, or the Building if necessary to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the interior portions of Building or the Premises without Tenant's consent) Project which Landlord is required or any other portion of permitted to perform under this Lease. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 25, Landlord may erect if reasonably required in enter the Premises or elsewhere in the Real Property scaffolding at any time to: (A) perform services required of Landlord; and other structures reasonably required for the work (B) subject to be performed. Except as expressly provided in all applicable terms and provisions of this Lease, and provided Landlord complies with perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rentRent and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, constitute an eviction of Tenanthowever, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith commercially reasonable efforts to cause all minimize any disruptions to Tenant’s business in connection with such work entries. Tenant hereby waives any claims for damages or for any injuries or inconvenience to be done in such a manner as to cause as little or interference to Tenant as reasonably possiblewith 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 retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

ENTRY BY LANDLORD. After not less than twenty four (24) hours prior notice (which may be oral or written notice, notwithstanding anything to the contrary in this Lease governing the manner of delivery of notices, and except that in the event of an emergency, Landlord maymay provide shorter notice as may be required under the circumstances, which may be no prior notice, if applicable under the circumstances of the applicable emergency situation), Landlord, its authorized agents, contractors, and representatives shall at any and all reasonable times, times have the right to enter the Premises upon at least twenty-four hours prior notice (except in to inspect the case of an emergency or same, to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial service and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) to show the Premises to prospective lenders, purchasers or, or (only during the last twelve final six (126) months of the termTerm) tenants, to prospective tenantspost notices, (d) post notices of nonresponsibility, and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding, all without being deemed guilty of any eviction of Tenant and without abatement of rent (except as otherwise provided in this Lease). In connection with Except in the event of an emergency, Landlord shall endeavor to coordinate any such alterationentry with Tenant, improvement or repairso as to minimize the extent of any unreasonable interference with Tenant’s business operations to the extent practicable under the circumstances. Landlord may, Landlord may in order to carry out such purposes, erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed. Except as expressly , provided in this Lease, and provided Landlord complies that the business of Tenant shall be interfered with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as is reasonably possiblepracticable. Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaultsvaults and safes, safes Landlord shall have the right to use any and the Secured Areas (as defined below). If all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord pursuant to the terms hereof shall not constitute be deemed to be a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. , and Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss in, upon and about the Premises. Notwithstanding anything to the contrary set forth above, 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten five (105) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesinspection.

Appears in 1 contract

Samples: Lease Agreement (Redwood Trust Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable notice to the Tenant to enter the Premises upon at least twenty-four hours prior notice to (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the termLease Term, to prospective tenants, Tenants; (diii) post notices of nonresponsibility, and ; 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 Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent, except as provided in Section 19.9, and shall include the right to take such reasonable steps as required to accomplish the stated purposes; provided, however, no 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 changes entry shall be made performed in a manner so as not to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions unreasonably interfere with Tenant's use of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect and shall be performed after normal business hours if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performedpractical. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements otherwise set forth in this LeaseSections 19.4 and 19.9, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of 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, or any portion thereof. a. Tenant may designate certain areas (reasonable in size) of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days' prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant with respect to accompany Landlord at all timessuch areas.

Appears in 1 contract

Samples: Office Lease (Aames Financial Corp/De)

ENTRY BY LANDLORD. 19.1 Landlord may, at any and all reasonable times, its designees may enter the Demised Premises upon at least twenty-four hours prior notice (except in the case of an emergency or reasonable times to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same Demised Premises (b) exhibit the Demised Premises to prospective purchasers and to lenders and during the last nine (9) months of the Term, prospective tenants, (c) determine whether Tenant is in compliance complying with all of its obligations hereunder, (bd) supply janitorial janitor service and any other service services to be provided by Landlord is required to provide hereunder Tenant hereunder, and perform (e) make repairs required of Landlord under this Leasethe terms hereof or repairs to any adjoining space or utility services or make repairs, (c) show the Premises alterations or improvements to prospective lenders, purchasers or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding; provided, however, that all such work shall be done as promptly as reasonably possible. In connection with any such alterationentry, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith its commercially reasonable efforts not to cause all interfere with Tenant's business operations in the Demised Premises and minimize any such work interference and, except in an Emergency (as hereinafter defined), to only enter the executive offices and other areas containing confidential information with the Demised Premises with the prior consent of Tenant. Except pursuant to (d) above and in an emergency, an event requiring immediate action, e.g., danger to health, life or property, fire water seepage, sewer backup or cessation or interruption of any facility servicing the like, (an "Emergency"), Landlord shall give Tenant reasonable prior notice (which need not be done in writing) of entering into the Demised Premises and Tenant may accompany Landlord. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Demised Premises or any other loss occasioned by such a manner as entry during an Emergency. In the event of an Emergency, Landlord shall give reasonable notice under the circumstances prior to cause as little interference to Tenant as reasonably possible. entering the Demised Premises. 19.2 Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, except Xxxxxx’s Demised Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance and executive offices and other areas containing confidential information as reasonably determined by Tenant); and Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to the Premises, use any and all means which Landlord may use whatever force is necessary deem proper to enter the Premises and open said doors in any such Emergency in order to obtain entry to the Demised Premises, and any entry to the Demised Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Demised Premises or an eviction eviction, actual or constructive, of Tenant from the Demised Premises, or any portion thereof. Damage to the Demised Premises resulting from Landlord's entry shall be repaired at Landlord's expense. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Covisint Corp)

ENTRY BY LANDLORD. (a) Landlord may, at any and all reasonable times, may enter the Premises upon (other than areas reasonably designated by Tenant in a notice to Landlord as constituting "Secure Areas") and common areas as to which Tenant has exclusive use pursuant to Section 4, at reasonable hours during normal business hours on at least twenty-four hours (24) hours' prior notice to Tenant (except as otherwise specifically provided in the case of an emergency clause (iv) below or to supply normal and regular janitorial or security services pursuant to the terms of the Leasein emergencies, in which case no Landlord shall give Tenant such notice notice, if any, as shall be required) to: reasonable under the circumstances), to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder(other than Secure Areas), (bii) supply janitorial and any exhibit the same (other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cthan Secure Areas) show the Premises to prospective lenderspurchasers or lenders of the Building or Project, purchasers or, or during the last twelve eighteen (1218) months of the termTerm, to prospective tenants, (diii) determine whether Tenant is complying with all its obligations hereunder, (iv) with no prior notice, supply janitor service and with notice for any other service required or permitted to be provided by Landlord to Tenant hereunder, (v) post notices of nonresponsibilitynon-responsibility where Tenant has notified Landlord that, and alteror Landlord otherwise is aware that, improve Tenant will perform work (vi) to the extent permitted or repair required by this Lease, make repairs in the Premises (howevervii) make repairs and improvements to any Building Systems, no such changes shall be made including the installation of pipes and conduits in the plenum and (viii) where it is impractical to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) do so without entering the interior portions of the Premises without Tenant's consent) Premises, make repairs, alterations or improvements to any other portion of the Real Property. In connection with any such alterationBuilding other than the Premises, improvement provided that (A) the entrances to the Premises shall not be blocked thereby or repairaccess impaired, Landlord may erect if reasonably required (B) Tenant's ability to conduct its business in the Premises is not unreasonably impaired or elsewhere interfered with, and (C) Tenant shall have the right to have a representative accompany Landlord during any such entry, except in case of emergency, where notice to Tenant is not reasonable under the circumstances, or in case of clause (iv) above. In addition to the foregoing, Landlord and third parties leasing space on the roof of Building (and their respective contractors) shall have the right to enter the common areas of the Building during Tenant's normal business hours (except in case of emergency in which case such entry may be made at any time) and upon compliance with Tenant's reasonable security procedures for purposes of access to the roof in order to install, test, maintain and remove equipment located on the roof. (b) Without limiting the foregoing, Landlord may, at any time or from time to time during the Term and subject to the provisions of this Section 16, perform substantial renovation work in and to the Building or the Building Systems (which work may include, but need not be limited to, the repair or replacement of the Building's exterior facade, exterior window glass, elevators, electrical systems, air conditioning and ventilating systems, plumbing system, telecommunications system, common hallways, or lobby), any of which work may require access to the same from within the Premises. If Landlord needs to shut down a Building System, Landlord shall give Tenant at least thirty (30) days' notice (other than in the Real Property scaffolding event of an emergency, in which case Landlord shall give Tenant such notice, if any, as shall be reasonable under the circumstances), which notice shall also set forth the estimated duration of such shutdown. Tenant agrees that (i) Landlord shall have access to the Premises (except Secure Areas) at all reasonable times during business hours, upon not less than twenty-four (24) hours' prior notice, and other structures reasonably required otherwise subject to the provisions of this Section 16(b), for the work to be performed. Except purpose of performing such work, and (ii) except as expressly otherwise provided in this Lease, and provided Landlord complies with the express requirements set forth in this Leaseshall incur no liability to Tenant, in no event nor shall such entry or work entitle Tenant be entitled to an any abatement of rentrent on account of any noise, constitute an eviction of Tenant, constructive or otherwisevibration, or impose upon other disturbance to Tenant's business at the Premises (provided that (A) the entrances to the Premises shall not be blocked thereby or access impaired, and (B) Tenant's ability to conduct its business in the Premises is not unreasonably impaired or interfered with, and (C) Tenant shall have the right to have a representative accompany Landlord during any liability whatsoever, including but not limited to liability for consequential damages such entry) which shall arise out of said access by Landlord or loss by the performance by Landlord of business or profits by Tenantthe aforesaid renovations at the Building. Landlord shall use good faith reasonable efforts (which may include an obligation to cause all employ labor at overtime rates) to avoid disruption to Tenant's business during any such work entry upon the Premises by Landlord. Landlord shall promptly repair any damage caused by its entry in the Premises and restore the same to be done in the condition existing immediately preceding Landlord's entry. (c) Subject to Landlord's compliance with the provisions of Sections 16(a) and (b), Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy of the Premises or any other loss occasioned by any such a manner as entry or entries made by Landlord pursuant to cause as little interference to Tenant as reasonably possibleany of the foregoing. Landlord shall at all times have and retain a key keys with which to unlock all of the doors in in, on or about the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and Secure Areas. Alternatively, Tenant may use a card key system on all locks for all of the Secured Areas (as defined below)doors in, upon or about the Premises, provided that Landlord shall be provided by Tenant with a reasonable number of card keys for access consistent with the preceding sentence. If Landlord shall have the right to use any and all means which Landlord may deem proper to open any doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof. a. Tenant may designate certain areas of , provided that Landlord shall use reasonable care in entering the Premises. Keys and card keys retained by Landlord hereunder shall be used solely for access to the Premises as “Secured Areas” should Tenant require such areas for any purpose permitted under this Section 16 and for access to the purpose Premises in cases of securing certain valuable property or confidential informationan emergency, including entry by Landlord's security personnel. Landlord shall have no obligation establish, and use commercially reasonable efforts to provide either janitorial service or cleaning enforce, procedures to ensure that any such keys are maintained in the Secured Areasexclusive possession and control of Landlord and its designated representatives and are not lost or copied. When not in use, keys retained by Landlord may not enter such Secured Areas except hereunder shall be kept in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice office of the specific date chief engineer of the Building, janitorial supervisor's office and/or fire control center. (d) Any work performed or installations made pursuant to this Section 16 shall be made with reasonable diligence and time of such Landlord inspection otherwise pursuant to Sections 9(b) and shall allow an employee of Tenant to accompany Landlord at all times(e).

Appears in 1 contract

Samples: Commercial Office Lease (Schwab Charles Corp)

ENTRY BY LANDLORD. Landlord may, reserves and shall at any and all reasonable times, enter the Premises times and upon at least twenty-four (24) hours prior notice to Tenant (except in the case of an emergency or emergency) have the right to enter the Premises to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial janitor service and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) to inspect the same, to show the Premises to prospective purchasers, lenders, purchasers or, or investors and during the last twelve (12) months of the term, Term or following a default by Tenant to prospective tenants, (d) to post notices of nonresponsibilitynon-responsibility, and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding and/or the Parking Areas, as provided in Section 2.4 above, or for any other reasonable purpose, all without being deemed guilty of any eviction of Tenant and without abatement of Rent. In connection with any Landlord may, in order to carry out such alterationpurposes, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed, provided that the business of Tenant shall be interfered with as little as is reasonably practicable. Except as expressly provided in this LeaseLandlord, however, shall employ commercially reasonable measures to minimize any interference with Tenant’s use of and provided Landlord complies access to the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, for any loss of occupancy or quiet enjoyment of the express requirements set forth in this LeasePremises and for any other loss in, in no event shall such upon and about the Premises, the Building or the Parking Areas on account of Landlord’s entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive permitted by this Article 18 or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possibleSection 2.4 above. Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes vaults and safes. Landlord shall have the Secured Areas (as defined below). If right to use any and all means that Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. , and any damages caused on account thereof shall be paid by Tenant. Notwithstanding the above, Landlord acknowledges that under The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Tenant may designate certain areas of the Premises has a duty to protect all “individually identifiable health information,” commonly referred to as protected health information (Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. PHI”), and Landlord shall have no obligation agrees to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except use diligent, good faith efforts to comply with Tenant’s policies and procedures with respect to protecting PHI (other than in the case of emergency an emergency), including any reasonable restrictions Tenant places on access to portions of the Premises and ownership or in removal of files, but only to the event of a Landlord inspection, in which case Landlord shall provide extent such policies and procedures are necessary for Tenant’s compliance with HIPAA and provided that Tenant with ten (10) days’ has given prior written notice of the specific date such policies and time of such Landlord inspection and shall allow an employee of Tenant procedures to accompany Landlord at all timesLandlord.

Appears in 1 contract

Samples: Office Building Lease (Signal Genetics, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours prior reasonable notice to Tenant (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant enter the Premises to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them during normal business hours; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, mortgagees or ground or underlying lessors or during the last twelve nine (129) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Section 19.13, Landlord may erect if reasonably required in enter the Premises or elsewhere in 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 Real Property scaffolding and other structures reasonably required for the work to be performed. Except abatement of Rent, except as expressly otherwise provided in this Lease, and provided Landlord complies with may take such reasonable steps as required to accomplish the express requirements set forth in this Leasestated purposes; provided, in no event shall however, that any such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such 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 retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant may, or any portion thereof. a. 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 shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not only enter such Secured Areas except in upon two (2) business days’ notice to Tenant which notice shall specify the case date and time of emergency or such entry by Landlord; provided, however, that Landlord may enter the Secured Areas without notice to Tenant in the event of a Landlord inspectionan emergency, in which case Landlord shall provide Tenant with ten (10) days’ prior written 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 specific date extent Tenant authorizes and time of permits access thereto for such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timespurposes.

Appears in 1 contract

Samples: Office Lease (Health Net Inc)

ENTRY BY LANDLORD. Landlord mayreserves the right, at any and all reasonable times, enter the Premises upon at least twenty-four hours 24 hours’ prior notice to Tenant (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) required in the case of emergency), to enter the Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or, during the last twelve (12) months of the termLease Term, to prospective tenants, or to the ground or underlying lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably required in enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performed. Except as expressly provided in this Lease. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. 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 provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseabove purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding anything to the contrary in this Article 22 to the contrary, (A) Landlord agrees to use commercially reasonable efforts (except in an emergency) to minimize interference with Tenant’s business in the Premises in the course of any such entry permitted under this Article 22, and (B) absent an emergency, or Landlord’s entry to perform its obligations under this Lease, Landlord shall use commercially reasonable efforts to schedule any portion thereof. a. Tenant may designate certain areas of construction work to be performed in the Premises as “Secured Areas” should Tenant require such areas for after the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning business hours set forth in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesSection 6.1.1 above.

Appears in 1 contract

Samples: Lease (St Francis Medical Technologies Inc)

ENTRY BY LANDLORD. Provided Landlord maygives Tenant at least 24 hours advance notice (except in case of emergency) of its desire to enter the Premises, and permits a representative of Tenant to accompany Landlord or its agents, contractors, and other entities entitled to enter the Premises pursuant to this Xxxxxxxxx 00, Xxxxxxxx reserves and shall at any and all reasonable times, times have the right to enter the Premises upon at least twenty-four hours prior notice (except in to inspect the case of an emergency or same, to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service to be provided by Landlord is required to provide hereunder and perform repairs required under this LeaseTenant hereunder, (c) show the to submit said Premises to prospective lenders, purchasers or, during the last twelve (12) months of the termor tenants, to prospective tenants, (d) post notices of nonresponsibilitynon responsibility, and to alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alterationComplex (but only to the extent required by law), improvement or repairall without being deemed guilty of an eviction of Tenant and without Landlord’s Initials: Tenant’s Initials: abatement of rent, Landlord and may for that purpose erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed, provided that the business of the Tenant shall be interfered with as little as is reasonably practicable. Except as expressly provided in this LeaseTenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and provided Landlord complies with any other loss occasioned thereby. For each of the express requirements set forth in this Leaseaforesaid purposes, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. 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, except Xxxxxxexcluding Tenant’s vaultsvaults and safes, safes and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open said door in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, 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 this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed herein to be performed by Landlord. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Office Lease (Eidos PLC)

ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, may enter the Premises at ------------------ reasonable hours upon prior telephonic notice to the Chief Financial Officer at least twenty(000) 000-four hours prior 0000 or other notice in accordance with Paragraph 3.4 (except in the case of an emergency or emergency) to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, same; (b) supply janitorial and any other service exhibit the same to prospective purchasers, lenders or tenants, provided, however, that Landlord is required to provide hereunder and perform repairs required under this Lease, (c) show shall only exhibit the Premises to prospective lenders, purchasers or, tenants during the last twelve final ninety (1290) months days of Tenant's occupancy of the termPremises; (c) make repairs or perform maintenance required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to prospective tenants, (d) post notices of nonresponsibility, and alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with Building; (d) supply janitor service and any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work service to be performed. Except as expressly provided in by Landlord to Tenant under this Lease; and (e) post notices of non-responsibility, and provided Landlord complies with the express requirements set forth in this Leaseprovided, in no event shall such entry or work entitle Tenant to an abatement of renthowever, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause that all such work to shall be done in such a manner as promptly as reasonably practical and so as to cause as little interference to Tenant as reasonably possiblepractical. Landlord shall have no duty beyond dialing the telephone number listed above (and leaving a voicemail message if such a service answers the call) and Landlord shall have no obligation to take any further action if there is no answer at the telephone number listed above or if such number (or voicemail service) is not functioning properly, or to confirm that Tenant's chief financial officer or any other person may be reached at such telephone number. Tenant hereby waives any claim for damages for any inconvenience to or interference with Tenant's business or any loss of occupancy or quiet enjoyment of the Premises occasioned by such entry. 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, except Xxxxxx’s Premises (excluding Tenant's vaults, safes and similar areas designated in writing by Tenant in advance); and Landlord shall have the Secured Areas (as defined below). If right to use any and all means which Landlord may deem proper to open Tenant's doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord in an emergency shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or construction, of Tenant from the Premises, Premises or any portion thereof. a. 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. thereof and Landlord shall have no obligation liability to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of Tenant as a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesresult thereof.

Appears in 1 contract

Samples: Office Lease (Walker Interactive Systems Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours reasonable prior notice (but no less than one (1) business day, except in the case of an emergency emergencies or to supply normal and regular janitorial or security services pursuant perform regularly scheduled services) to the terms of Tenant to enter the Lease, in which case no such notice shall be required) Premises to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the termLease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and non-responsibility; (iv) alter, improve or repair the Premises or the Retail Area if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Premises Retail Area; or (howeverv) perform services or other obligations required of Landlord under this Lease which are other than regularly scheduled services and/or maintenance obligations. The parties further agree that neither Landlord nor any of Landlord’s employees, no such changes invitees, licensees, tenants, third parties or assigns, shall be made permitted any access to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt the Premises unless reasonably coordinated with Tenant upon not less than one (361) business day prior written notice, except in the interior portions event of an emergency, in which case no prior notice is required, but shall be given as soon as reasonably practicable accompanied with a reasonable written explanation of the Premises without Tenant's consent) or any other portion of reason for access. Notwithstanding anything to the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 25, Landlord may erect if reasonably required in enter the Premises or elsewhere at any time to (A) perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease; and (B) perform, in accordance with the Real Property scaffolding and other structures reasonably required for provisions of this Lease, any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the work to be performed. Except abatement of Rent, except as otherwise expressly provided in Section 19.8.2 of this Lease, and provided Landlord complies with shall include the express requirements set forth in this Leaseright to take such reasonable steps as required to accomplish the stated purposes; provided, in no event shall however, that any such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such a manner so as to cause as little interference to Tenant as reasonably possible. Subject to the provisions of Section 19.8.2 of this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, or any loss of occupancy or quiet enjoyment of the Premises in connection with any entry by Landlord in accordance with the terms of this Article 25. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxxexcluding Tenant’s vaults, safes and the Secured Areas (as defined below)special security areas designated in advance by Tenant. If In an emergency necessitates immediate access to the Premisesemergency, Landlord shall have the right to use any means that Landlord may use whatever force is necessary deem proper to enter open the Premises doors in and any such entry to the Premises so long as Landlord repairs any damage caused thereby and notice is given as soon as reasonably practicable accompanied with a reasonable written explanation of the reason for access. Any entry into the Premises in the mariner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Tenant may, or any portion thereof. a. Tenant may after reasonable prior notice to and consultation with Landlord, reasonably designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not only enter such Secured Areas except in upon three (3) business days’ notice to Tenant which notice shall specify the case date and time of emergency or 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 a Landlord inspectionan emergency, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesentry promptly thereafter.

Appears in 1 contract

Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

ENTRY BY LANDLORD. Landlord mayreserves the right and Tenant shall permit Landlord, at and its authorized representatives, partners, investors, lenders and any and all reasonable timesother Landlord invitees, to enter the Premises upon at all reasonable times and having given at least twenty-four hours (24) hours’ prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderwriting, (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Leasewhich may include email; provided, (c) show the Premises to prospective lendershowever, purchasers orif, during the last twelve (12) months following Landlord’s transmission of the termnotice to Tenant via email, Tenant fails to prospective tenantsreceive Landlord’s notice, the validity of the notice shall not be affected by such failure) for purposes of (di) post notices of nonresponsibilityinspecting, and alter, improve performing maintenance or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions making alterations of the Premises without Tenant's consent) or any other portion of the Real PropertyBuilding, including the erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may reasonably require; (ii) posting notices of non-responsibility or non-liability for alterations or repairs; or (iii) showing or submitting the Premises to prospective purchasers or tenants (provided that Landlord agrees that except in the event (A) Tenant is in default under this Lease beyond any applicable notice and cure periods, (B) Landlord and Tenant have agreed to an early termination of this Lease and the early termination date of this Lease is nine (9) months from the date of such showing, or (C) Landlord and Tenant otherwise mutually agree to the contrary, Landlord shall not show the Premises to prospective tenants except during the last nine (9) months of the then current Term of this Lease), all of which actions Landlord may take without any abatement of Rent. In connection The rights of Landlord, its agents, contractors and representatives under this Paragraph 18 shall be subject to the following: (a) promptly finishing any work for which it entered, and promptly repairing any damage caused to the Premises by Landlord or anyone accessing the Premises under this Section; (b) (unless impracticable in case of an emergency) complying with all of Tenant’s reasonable security and safety regulations; (c) (unless impracticable in case of an emergency) if Tenant so elects, Landlord shall be accompanied by a representative of Tenant during any such alterationentry; and (d) (unless impracticable in case of an emergency) Landlord shall not unreasonably interfere with or adversely affect Tenant’s use of, improvement or repairaccess to, Landlord may erect if reasonably required in the Premises Premises. Tenant hereby waives any claim for damages for any injury or elsewhere in inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this LeasePremises, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall any other loss occasioned by such entry or work entitle Tenant stemming from Landlord’s actions as they relate to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantthis Paragraph 18 solely. Landlord shall use good faith reasonable efforts in order that the entrance to cause all the Premises shall not be blocked by the making of such work to alterations or the performing of such maintenance and that the business of Tenant shall not thereby be done in such a manner as to cause as little interference to Tenant as reasonably possibleinterfered with unreasonably. For each of the 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, except Xxxxxx’s vaults, excluding Tenant's vaults and safes and the Secured Areas (as defined belowhereinafter defined). If , and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such obtain entry to the Premises including entry to any Secured Area. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. a. . Landlord has the right to make alterations to the Building or demolish or erect other buildings on the real property adjacent thereto. Except as otherwise set forth herein, Tenant will not in such event be entitled to any direct or consequential damages for any damage or inconvenience occasioned thereby, provided Landlord will use its reasonable efforts to accomplish such work in such a manner as to minimize any inconvenience to Tenant and otherwise comply with its obligations under this Section 18. Notwithstanding the foregoing, except (a) to the extent requested by Tenant, (b) in connection with scheduled maintenance programs, and/or (c) in the event of an emergency, Landlord shall provide to Tenant reasonable prior notice (either written (including by electronic mail) or oral notice, provided if oral notice is given Landlord will endeavor to provide an acknowledgement by email) before Landlord enters the Premises to perform any repairs therein. Notwithstanding anything herein to the contrary, Tenant may designate in writing certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain confidential information or valuable property or confidential informationproperty. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such The Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all timesinclude Tenant’s telecom/server room.

Appears in 1 contract

Samples: Office Lease (Sentinel Labs, Inc.)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable prior notice (of not less than 48 hours) to Tenant to enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers or, during the last twelve (12) months of the term, to prospective mortgagees or tenants, or to the ground lessors; (diii) to post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises (howeveror the Building if necessary to comply with current building codes or other applicable laws, no such changes shall be made or for structural alterations, repairs or improvements to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of Building, or as Landlord may otherwise reasonably desire or deem necessary. Notwithstanding anything to the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repaircontrary contained in this Article 22, Landlord may erect if reasonably required in enter the Premises at any time, without notice to Tenant, in emergency situations (provided that notice of such entry shall be given after the fact as soon as reasonably practical) and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performed. Except as expressly provided in this Lease. In an emergency, Landlord shall have the right, by any means that Landlord may deem proper, to open the doors in and provided Landlord complies with to the express requirements set forth in this Lease, in no event Premises. Any such entries shall such entry or work entitle Tenant to an be without the abatement of rentRent and shall include the right to take such reasonable steps as required to accomplish the stated purposes, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. provided that Landlord shall use good faith commercially reasonable efforts to cause all such work minimize interference with Tenant's use. Tenant hereby waives any claims for damages or for any injuries or inconvenience to be done in such a manner as to cause as little or interference to Tenant as reasonably possiblewith Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the Secured Areas (as defined below). If an emergency necessitates immediate access right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute 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 the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof. a. 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. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.

Appears in 1 contract

Samples: Lease (Achaogen Inc)

ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, enter the Premises times and upon at least twenty-four hours reasonable prior notice to Tenant (not less than 48 hours except in the case of an emergency or "Emergency," as defined below), and subject to supply normal and regular janitorial or security services pursuant to the terms Tenant's approval of the Leaseparticular 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 which case no such notice shall be required) to: the event of an Emergency if not reasonably practicable), to enter the Premises and Project to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder and perform repairs required under this Lease, (cii) show the Premises to prospective lenderspurchasers, purchasers ormortgagees or tenants (provided that with respect to prospective tenants, only during the last twelve (12) months of the termLease 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; (diii) post notices of nonresponsibility, and ; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Base 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 Article 27, Landlord may enter the Premises at any time to (A) take possession due to any Default by Tenant of this Lease in the manner provided herein; and (B) subject to the terms of Section 26.1, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any entries without the abatement of Rent (except to the extent provided in Section 19.5.2) and may take such reasonable steps as required to accomplish the stated purposes; provided, however, no such changes that except for Emergencies, Landlord shall be made use commercially reasonable efforts in connection with any entry not to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions materially interfere with Tenant’s use of the Premises without and to perform the same after business hours if reasonably practical. Provided that Landlord has complied with its obligations under this Article 27, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's consent) business, lost profits, any loss of occupancy or any other portion quiet enjoyment of the Real PropertyPremises. In connection with any such alterationFor use in an Emergency only, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except Xxxxxx’s vaults, safes and the Secured Areas (as defined below). If an emergency necessitates immediate access Notwithstanding anything to the Premisescontrary set forth in this Lease, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. a. 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 have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case event of emergency 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 Building Structure and/or the Building Systems; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. 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 event 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 a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice from any portion of the specific date and time Premises. No provision of such this Lease shall be construed as obligating Landlord inspection and to perform any repairs, alterations or decorations except as otherwise 760812.06/WLA375983-00004/11-2-16/ejs/ejs 51 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.] expressly agreed to be performed by Landlord herein. For purposes of this Lease, an "Emergency" shall allow an employee of Tenant mean a situation that threatens imminent material harm to accompany Landlord at all timespersons or property.

Appears in 1 contract

Samples: Office Lease (Kite Pharma, Inc.)

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