ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 4 contracts
Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times 20.1 Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at otherwise reasonable hours to:
(Aa) take possession due Inspect the Premises;
(b) Exhibit the Premises to prospective purchasers, lenders, or tenants;
(c) Determine whether Tenant is complying with all of its obligations in this Lease;
(d) Supply janitorial service and any breach other service to be provided by Landlord to Tenant according to this Lease;
(e) Post written notices of nonresponsibility or similar notices; or
(f) Make repairs required of Landlord under the terms of this Lease in or make repairs to any adjoining space or utility services or make repairs, alterations, or improvements to any other portion of the manner provided herein Building; however, all such work will be done as promptly as reasonably possible and in compliance with Applicable Laws; and (B) perform any covenants of so as to cause as little interference to Tenant which Tenant failsas reasonably possible. Tenant, after notice and a reasonable opportunity to cureby this Article 20, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby any entry in accordance with this Article 20. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises, provided that Landlord shall promptly repair any damages caused by any forced entry. Any entry into to the Premises by Landlord in the manner hereinbefore described accordance with this Article 20 shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor shall any such entry entitle Tenant to damages or an abatement of Monthly Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 4 contracts
Samples: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)
ENTRY BY LANDLORD. 17.1 Landlord reserves shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises at any time upon reasonable notice to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchasers, lenders or tenants, (c) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to current or prospective mortgageesbe provided by Landlord, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility nonresponsibility, and (f) make any repairs to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingPremises, or for structural alterationsmake any repairs to any adjoining space or utility services, repairs or make any repairs, alterations or improvements to any other portion of the Building or the Building's systems Project, provided all such work shall be done as promptly as reasonably practicable and equipment or (v) perform services required of Landlord hereunderso as to cause as little interference to Tenant as reasonably practicable. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any all claims for damages or for any injuries injury or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 3 contracts
Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)
ENTRY BY LANDLORD. 17.1 Landlord reserves shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (Aa) take possession due inspect the Premises,
(b) exhibit the Premises to prospective purchasers, lenders or 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 non-responsibility, and (f) make any repairs to the Premises, or make any repairs to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failsadjoining space or utility services, after notice and a reasonable opportunity to cure, to perform. Landlord may or make any repairs, alterations or improvements to any other portion of the Building, provided all such entries without the abatement of Rent, except work shall be done as otherwise provided in this Lease, promptly as reasonably practicable and may take such reasonable steps so as required to accomplish the stated purposescause as little interference to Tenant as reasonably practicable. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any all claims for damages or for any injuries injury or inconvenience to or interference with TenantXxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 3 contracts
Samples: Lease, Lease Agreement, Lease Agreement
ENTRY BY LANDLORD. Landlord reserves Tenant shall permit Landlord, and Landlord’s agents, to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, and fences, as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingProperty as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary “for sale” signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary “for lease” signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises. Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency, or unless Tenant consents at the time of entry. If Tenant is not personally present to open and permit an entry into the Premises, at any lime when for any reason an entry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any other loss occasioned therebymanner affecting the obligations and covenants of this Lease. For each Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the above purposesPremises or any part thereof, except as otherwise specifically provided herein. Landlord shall will at all times have exercise its rights pursuant to this Lease in a key manner so as to minimize interference with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes Tenant use of and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and access to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Sophiris Bio Inc.), Lease Agreement (Sophiris Bio Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than reasonable notice of at least 24 hour prior notice to Tenant hours (which may be oral) (except no notice will be required in the case of an emergencyemergencies and for regularly scheduled maintenance or janitorial services) to the Tenant to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time (without notice) to (A) perform janitorial services or other similar daily/weekly type services; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance accordance with Applicable LawsLaw; and (BC) perform any covenants of Tenant which Tenant fails, fails to perform after the expiration of any applicable notice and a reasonable opportunity to cure, to performcure period. Landlord may make any such entries without the abatement of Rent, Rent (except as otherwise expressly provided in Section 19.6 of this Lease, ) and may take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to (or interference with with) Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
ENTRY BY LANDLORD. Landlord reserves and its agents, employees and independent contractors may enter the right Premises at all reasonable times and hours upon prior written notice (but not less than 24 hour prior notice one (1) Business Day) to: (a) inspect the same, (b) exhibit the same to prospective purchasers, lenders or, during the last twelve (12) months of the Term, tenants, (c) determine whether Tenant is complying with all of Tenant's obligations hereunder, (d) supply janitorial service and any other services to be provided by Landlord to Tenant hereunder, if any, (except e) post notices of non-responsibility, and (f) make repairs required of Landlord under the terms hereof or, to the extent necessary, repairs to any adjoining space or utility service or make repairs, alterations or improvements to any other portion of the Building, provided, however, that all such work shall be done as promptly as possible and so as to cause as little interference with Tenant as reasonably possible and damage to the Premises and Tenant’s property, which may include scheduling such access after business hours. Landlord acknowledges that it is necessary for Tenant to control access to the Premises in order to protect its privacy and security. Accordingly, unless in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, emergency endangering property or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Leasepersonal injury, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially after using reasonable efforts to minimize interference contact Txxxxx, while on the Premises, Landlord and its representatives, at Tenant’s option, shall be accompanied by a representative of Tenant and shall comply with Tenant's use reasonable directions of and business conducted such representative. Landlord shall promptly repair any damage caused by Landlord or Landlord’s agents in the PremisesPremises during such entry. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with TenantTxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes safes, labs and special security similar areas designated in writing by Tenant in advance by Tenant. In an emergency, or clearly designated as restricted or limited access); Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency endangering property or personal injury in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described of any said means, or otherwise, shall not not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion thereof, except for any negligence or willful misconduct of the Premises. No provision Landlord or any agent or contractor of Landlord in connection with any such entry under this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinSection 21.
Appears in 2 contracts
Samples: Lease Agreement (In8bio, Inc.), Lease Agreement (In8bio, Inc.)
ENTRY BY LANDLORD. 18.1 Landlord reserves and its designees may enter the right Demised Premises at reasonable hours to (a) inspect the same, (b) exhibit the same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all reasonable times of its obligations hereunder, (d) supply janitor service consistent with such services provided to other tenants of the Building and upon not less than 24 hour supply other services, (e) post notices of nonresponsibility, and (f) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building; provided, however, that all such work shall be done as promptly as reasonably possible. Notwithstanding anything contained herein to the contrary, certain rooms within the Demised Premises as designated by Tenant shall have limited access and may only be entered with prior notice to Tenant by Landlord’s building manager (except in the case event of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's 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, .
18.2 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, Demised Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and any emergency in order to obtain entry to the Demised Premises. Any , and any entry into to the Demised Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Demised Premises or an eviction, actual or constructive, of Tenant from the Demised Premises, or an actual or constructive eviction of Tenant from any portion of the 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.thereof
Appears in 2 contracts
Samples: Gross Lease (ENDRA Life Sciences Inc.), Gross Lease (Endra Inc.)
ENTRY BY LANDLORD. (a) Subject to Section 15(b), Landlord reserves or Landlord’s Representatives shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises or any portion thereof during normal business hours (or at such other times as approved by Tenant in advance, which approval shall not be unreasonably withheld or delayed, or as may be reasonably necessary in emergency situations to address any condition that poses an immediate threat to human health, safety, or welfare) to (i) inspect them; the Premises, which shall include conducting environmental tests and investigations as provided under Section 28, (ii) exercise its rights and/or obligations under this Lease, or (iii) show the Premises to prospective purchasers, or to current or prospective mortgageeslenders, ground or underlying lessors or insurers or, during the last nine eighteen (918) months of the Lease Term, to prospective tenants; (iii) post notices and Tenant shall not be entitled to any abatement or reduction of nonresponsibility (Base Rent by reason thereof, nor shall such entry or action by Landlord constitute an actual or constructive eviction or repossession, without Landlord’s express intention 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 or (v) perform services required do so as expressed in writing. No such entry shall be deemed an eviction of Landlord hereunderTenant. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at At any time to (A) take possession due to any breach of this Lease in during which Landlord or Landlord’s Representatives are on the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failsPremises, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord they shall use commercially reasonable efforts to minimize interference not unreasonably interrupt or interfere with Tenant's Xxxxxx’s use of the Premises and shall not cause any damage or injury to persons or property on the Premises.
(b) Landlord shall give Tenant prior notification by email at the Tenant Notice Address, as well as any other e-mail addresses provided by Tenant to Landlord for such purpose, at least two (2) business conducted days prior to Landlord’s entry into the Premises pursuant to Section 15, except as Tenant may otherwise consent in writing or as may be reasonably necessary in emergency situations that pose an imminent threat to human health or safety (for which only such notice as is reasonably practicable under the circumstances shall be required, if any). Landlord and Landlord’s Representatives shall provide proper identification upon request while on the Premises. All parties, including, but not limited to, Landlord, prospective purchasers, lenders or tenants, may, at Tenant’s election, be accompanied by an employee of Tenant at all times while within the Premises. If Landlord intends to show the Premises to any prospective purchasers, lenders or tenants who are reasonably determined by Tenant to be a competitor of Tenant, Landlord shall additionally provide Tenant the name of such prospective purchaser, lender, or tenant. Notwithstanding anything herein to the contrary, Landlord hereby acknowledges and agrees that neither the Landlord Indemnified Parties nor any of Landlord’s contractors or invitees entering the Premises pursuant to this Section 15 shall have the right to enter any vaults, technology or computer equipment rooms, or other areas designated or marked by Tenant as “Restricted”, “secure areas,” or similar designations without the prior written consent of Tenant, which consent may be withheld in Tenant’s reasonable discretion. If Tenant’s consent to any such entry is granted, such entry shall be made only with a representative of Tenant present (except that Xxxxxx’s consent and presence during entry shall not be required in emergency situations that pose an imminent threat to human health or safety, for which only such notice as is reasonably practicable under the circumstances shall be required, if any). In no event shall Tenant be required to provide Landlord with access to Tenant’s alarm code or keys or other independent means of entry to the Premises or any portion thereof.
(c) Except with respect as otherwise set forth herein, Landlord shall protect, indemnify, defend and hold harmless all Tenant Indemnified Parties from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, losses, costs, fees and expenses, including without limitation, reasonable counsel fees and court costs, to personal the maximum extent permitted by Law, actually imposed upon, asserted against, suffered or incurred by any Tenant Indemnified Party by reason of any claim, suit, or judgment obtained or brought by or on behalf of any person or persons against any Tenant Indemnified Party, for damage, loss, or expense due to bodily injury or property damage sustained by such person or persons, which arise out of, are occasioned by, or attributable to Landlord or Landlord’s Representatives’ gross negligence or willful misconduct during Landlord’s entry onto the Premises to perform any of its obligations or exercise any of its rights during the Term. In the event any action or proceeding shall be brought against any Tenant Indemnified Party by reason of any such claim described in the foregoing sentence (a “Tenant Claim”), Landlord shall defend the same at Landlord’s sole expense by counsel reasonably satisfactory to Tenant. If at any time a Tenant Indemnified Party shall have received written notice of or shall otherwise be aware of any Tenant Claim which is subject to indemnity under this Section 15(c), such Tenant Indemnified Party shall give reasonably prompt written notice of such Tenant Claim to Landlord; provided, that, except to the extent caused by Landlord is prejudiced in its defense of such Tenant Claim, the gross negligence failure of such Tenant Indemnified Party to give such a notice to Landlord shall not limit the rights of such Tenant Indemnified Party or intentional acts the obligations of Landlord or Landlord Parties, with respect to such 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 therebyClaim. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use reasonably control the defense or settlement of any means that Landlord may deem proper to open Tenant Claim, provided that: (1) if the doors in and to the Premises. Any entry into the Premises by Landlord compromise or settlement of any Tenant Claim shall not result in the manner hereinbefore described complete release of the subject Tenant Indemnified Party, the compromise or settlement shall require the prior written approval of such Tenant Indemnified Party, not be deemed to be a forcible or unlawful entry intounreasonably withheld, conditioned, or a detainer ofdelayed; and (2) no such compromise or settlement shall include any admission of wrongdoing on the part of any Tenant Indemnified Party, provided further that any Tenant Indemnified Party shall have the Premisesright, but not the obligation, at its election and sole cost and expense, to participate fully in the defense of any Tenant Claim with counsel of its choice. Landlord’s liability under this Section 15(c) shall survive the expiration or an actual or constructive eviction of Tenant from any portion of the Premises. No provision earlier termination 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.Lease.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Sierra Bancorp), Purchase and Sale Agreement (Sierra Bancorp)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord’s agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary “for sale” signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary “for lease” signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible, Landlord or Landlord’s agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 2 contracts
Samples: Sublease Agreement (Locust Walk Acquisition Corp.), Sublease Agreement (Tenby Pharma Inc)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord's agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible, Landlord shall have or Landlord's agents may enter 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 same by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intomaster key, or a detainer ofmay forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision obligations and covenants of this Lease provided that Landlord shall give Tenant notice of and the reasons for such entry within forty-eight (48) hours thereof. Nothing herein contained, however, shall be deemed or construed as obligating to impose upon Landlord to perform any repairsobligation, alterations responsibility or decorations liability whatsoever for the care, maintenance or repair of the Premises or any part thereof, except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 2 contracts
Samples: Standard Industrial Net Lease (Mitokor), Standard Industrial Net Lease (Mitokor)
ENTRY BY LANDLORD. Landlord reserves the right at all 19.1 Upon reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to ), Landlord and its designees may enter the Demised Premises at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply janitor service and any other services to current or prospective mortgageesbe provided by Landlord to Tenant hereunder, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility non-responsibility, and (f) make repairs required of Landlord under the terms hereof or repairs to the extent applicable pursuant to then applicable law); any adjoining space or (iv) alterutility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or any other portion of the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27; provided, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failshowever, after notice and a reasonable opportunity to cure, to perform. Landlord may make any that all such entries without the abatement of Rent, except work shall be done as otherwise provided in this Lease, and may take such reasonable steps promptly as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, reasonably possible Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or any other loss occasioned thereby. For each of the above purposes, 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, Demised Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and any emergency in order to obtain entry to the Demised Premises. Any , and any entry into to the Demised Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Demised Premises or an eviction, actual or constructive, of Tenant from the Demised Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 2 contracts
Samples: Lease (Covisint Corp), Lease (Covisint Corp)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord's agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 2 contracts
Samples: Standard Industrial Net Lease (Avanir Pharmaceuticals), Standard Industrial Net Lease (Jmar Technologies Inc)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves the right and Landlord's agents to enter xxx Xxxmises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenantat any time when for any reason an entry therein shall be necessary or permissible Landlord or Landlord's vaultsagents may enter the same by a master key, safes or may forcibly enter the same without rendering Landlord or such agents liable therefor, and special security areas designated without in advance by Tenantany manner affecting the obligations and covenants of this Lease. In an emergencyNothing herein contained, however, shall be deemed or construed to impose upon Landlord shall have any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all may with reasonable times and upon not less prior notice (which shall in no event be more than 24 hour hours prior notice to Tenant (except in the case of an emergencynotice) to enter the Premises at reasonable hours to (ia) inspect themthe same; (iib) show exhibit the same to prospective purchasers, lenders or tenants, provided, however, that Landlord shall only exhibit the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, tenants during the last nine final ninety (990) months days of Tenant's occupancy of the Lease Term, to prospective tenantsPremises; (iiic) 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 any other portion of the Building; (d) supply janitor service and any other service to be provided by Landlord to Tenant under this Lease; and (e) post notices of nonresponsibility (non-responsibility, provided, however, that all such work shall be done as promptly as reasonably practical and so as to the extent applicable pursuant cause as little interference 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 or (v) perform services required of Landlord hereunderTenant as reasonably practical. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, business or any loss of occupancy or quiet enjoyment of the PremisesPremises occasioned by such entry, and any other loss occasioned therebyexcept for the gross negligence or willful misconduct of Landlord. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's server room vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the Tenant's doors in and an emergency in order to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described an emergency shall not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease thereof and Landlord shall be construed have no liability to Tenant as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereina result thereof.
Appears in 1 contract
Samples: Office Lease (Redenvelope Inc)
ENTRY BY LANDLORD. Landlord reserves the right right, but shall have no obligation, and Tenant shall permit Landlord, its agents and representatives, to enter into and upon any part of the Premises at all reasonable times hours (and upon not less than 24 hour prior notice to Tenant (except in the case of an emergencyemergencies at all times) to enter inspect the Premises condition, occupancy or use; to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, tenants or insurers; or to current clean or prospective mortgageesmake repairs, ground alterations or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingProperty, or for structural and Landlord shall have the right to take and store any necessary equipment and materials therein during such repairs, alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunderadditions. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due Tenant shall not be entitled to any breach abatement or reduction of rent by reason of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants right of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to performentry. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or [LANDLORD'S INITIALS ______] [TENANT'S INITIALS ______] interference with with, Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any and all means that Landlord may deem necessary or proper to open the doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises. Any entry into the Premises or portions thereof obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion thereof. Except in the case of the Premises. No provision of this Lease emergency, Landlord and its agents shall be construed as obligating Landlord to perform any repairsaccompanied by Tenant or its agents, alterations and Tenant shall make itself or decorations except as otherwise expressly agreed to be performed by Landlord hereinits agents available for such purpose on demand during Required Business Hours.
Appears in 1 contract
Samples: Retail Lease Agreement (Family Steak Houses of Florida Inc)
ENTRY BY LANDLORD. 1.1 Landlord reserves shall have the right at all to enter the Premises reasonable times and upon not less than 24 hour prior first giving at least 48 hours’ notice to Tenant (except in the case of an emergency, in which reasonable notice may be less than 48 hours) to enter the Premises to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchaserspurchasers or lenders, or to current or prospective mortgagees, ground or underlying lessors or insurers or, and during the last nine final twelve (912) months of the Lease Term, to prospective tenants; , (iiic) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility nonresponsibility, and (f) make any repairs to the extent applicable pursuant Premises, or make any repairs to then applicable law); any adjoining space or (iv) alterutility services, improve or repair the Premises make any repairs, alterations or improvements to any other portion of the Building, or for structural alterations, repairs or improvements provided all such work shall be done as promptly as reasonably practicable and so as to the Building or the Building's systems cause as little interference to Tenant as reasonably practicable. So long as such entry by Xxxxxxxx does not materially adversely affect Tenant’s access to and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any all claims for damages or for any injuries injury or inconvenience to or interference with Tenant's Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (but excluding Tenant's ’s vaults, safes safes, and special security areas designated in advance writing by Tenant. In an emergencyTenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premisesthereof. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.1131701.06/SF372493-00050/1-31-20/pwn/pwn -22-
Appears in 1 contract
Samples: Lease (Dexcom Inc)
ENTRY BY LANDLORD. 22.01 Landlord reserves may enter the right Premises at all reasonable times and upon not less than 24 hour prior with reasonable notice to Tenant (except in the case of an emergency) to enter emergency to: inspect the Premises to (i) inspect themsame; (ii) show exhibit the Premises same to prospective purchasers, Mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, and make repairs or improvements in or to the Building or the Building's systems Premises; provided, however, that all such work shall be done as promptly as reasonably possible and equipment or (v) perform services required of Landlord hereunderso as to cause as little interference to Tenant as reasonably possible. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each As provided for in clause (xii) of the above purposesSection 28.19 of this Lease, Landlord shall at all times have the right, but not the obligation, to obtain from Tenant and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and if such key is not provided, Landlord shall have the right to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the Premises. No provision Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease Lease. If Landlord shall be construed required to obtain entry by means other than a key provided by Tenant, the cost of such entry shall by payable by Tenant to Landlord as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinadditional rent.
Appears in 1 contract
Samples: Industrial Lease (Brightpoint Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior reasonable notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) upon twenty-four (24) hour prior written notice, show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, Building or for structural alterations, repairs or improvements to the Building or the Building's ’s systems and equipment equipment, with Tenant’s prior approval if Tenant is the only tenant of the Building (not to be unreasonably withheld, conditioned or (v) perform services delayed), provided, however, that Tenant’s approval shall not be required of if an uncured default by Tenant then exists, or such alterations, improvements or repairs are required to cause the Building to be in compliance with insurance requirements or governmental laws, codes, rules or regulations or are required to permit Landlord hereunderto comply with its repair and maintenance obligations under this Lease, or an emergency exists, in which cases Tenant’s prior approval shall not be required. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
Samples: Office Lease (Arthrocare Corp)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour twenty-four (24) hours prior notice to Tenant (except that no notice shall be required in the case of an emergencyemergency or regularly scheduled service (such as janitorial)) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, the ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenantslessors; (iii) post or serve notices of nonresponsibility (to the extent applicable pursuant to then applicable law)for mechanics’ lien purposes; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current Building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or pursuant to the Building's systems terms and equipment or (v) perform services required conditions of Landlord hereunderthe Lease. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Lawsherein; and (BC) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform; or (D) to address an emergency. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Leaseshall not be deemed an unlawful entry, or an actual or constructive eviction, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of In the above purposesevent Landlord enters the Premises to perform any work or repair, Landlord shall at all times have a key use commercially reasonable efforts to cause minimal interference with which to unlock all Tenant’s use and shall repair any damage caused by the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance performance of such work by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinLandlord.
Appears in 1 contract
Samples: Office Lease (HMS Holdings Corp)
ENTRY BY LANDLORD. Section 14.1 Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to designees may enter the Demised Premises at reasonable hours to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply janitor service and any other services to current be provided by Landlord to Tenant hereunder, and (e) make repairs required of Landlord under the terms hereof or prospective mortgageesrepairs to any adjoining space or utility services or make repairs, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 alterations or improvements to the Building or any other portion of the Building's systems and equipment or (v) perform services required of Landlord hereunder; provided, however, that all such work shall be done as promptly as reasonably possible. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or any other loss occasioned therebyby such entry. For each Anything contained herein to the contrary notwithstanding, in the event any such repairs, alterations or improvements are undertaken by Landlord on a non-emergency basis, such repairs, alterations or improvements shall be performed in such a manner as to minimize the interference with Tenant's daily business operation and, in the event such non-emergency repairs, alterations or improvements materially interfere with Tenant's ability to use and enjoy the Demised Premises for more than five (5) consecutive business days, or more than eight (8) business days during any Lease Year, Tenant shall be entitled to an equitable abatement of rental. Such partial abatement shall be limited to only that portion of the above purposesDemised Premises interfered with, and only for such period of time as such interference continues.
Section 14.2 Landlord shall at all times have and retain a key or access card with which to unlock all of the doors in in, on or about the Premises, Demised Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Demised Premises. Any , and any entry into to the Demised Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Demised Premises or an eviction, actual or constructive, of Tenant from the Demised Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
Samples: Office Lease Agreement (Fahnestock Viner Holdings Inc)
ENTRY BY LANDLORD. Landlord reserves and its authorized representatives shall have the right at all upon reasonable times and upon notice (which shall be not less than 24 hour prior notice to Tenant two (2) business days except in the case of an emergency) to enter the Premises at all reasonable business hours (and at all other times in the event of an emergency): (a) for the purpose of inspecting the same or for the purpose of doing any work required or permitted of Landlord hereunder, and may take all such action thereon as may be necessary or appropriate for any such purpose (but nothing contained in this Lease or otherwise shall create or imply any duty upon the part of Landlord to make any such inspection or do any such work), and (ib) inspect them; (ii) show for the purpose of showing the Premises to prospective purchaserspurchasers and mortgagees and, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine at any time within twelve (912) months prior to the expiration of the Term of this Lease Term, for the purpose of showing the same to prospective tenants; (iii) post notices . No such entry shall constitute an eviction of nonresponsibility (Tenant, but any such entry shall be done by Landlord in such reasonable manner as 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 or (v) perform services required minimize any disruption of Landlord hereunderTenant’s business operation. 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 breach of this Lease Except in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants event of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord or following an Event of Default, which is continuing, Tenant 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 have a representative accompany Landlord in any such inspections. ARTICLE XXIV CONFIDENTIALITY Except as otherwise provided herein, it is agreed that the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, existence and the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision terms and conditions of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed kept confidential by Landlord and not disclosed to third-parties. Notwithstanding the confidentiality provisions herein., Landlord may disclose the existence and/or contents of this Lease: (i) as and only to the extent required by law; (ii) as necessary to (a) manage its investment in the Building or Project or (b) seek appropriate advice from professional advisors, including, without limitation, tax preparers, bank personnel, business advisors, legal advisors, lenders, and financial advisors; (iii) as necessary to enforce the terms of this Lease, or (iv) if the information is already a matter of public record or generally known to the public. In particular, in addition to the foregoing and not in limitation, Landlord shall not issue a press release or other public announcement concerning the existence and/or contents of the Lease without the prior written consent of Tenant. In the event that Tenant gives its consent, Tenant shall have full approval rights over the timing, content and method of such public disclosures. Landlord agrees that neither Landlord nor any related entity shall use Tenant’s trade name, trademarks, logos, or designs in the printing, publication, or distribution of any advertising, marketing materials, internet web site, or other materials or medium, without obtaining Tenant’s prior written consent, which may be withheld in Tenant’s sole and absolute discretion. [SIGNATURES ON THE NEXT PAGE] 37
Appears in 1 contract
Samples: Triple Net Lease Agreement
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord's agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingBuilding as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Avanir Pharmaceuticals)
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Lxxxxxxx's agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (f) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein. 12.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Aethlon Medical Inc)
ENTRY BY LANDLORD. 19.1 Landlord reserves and its designees may enter the right Demised Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergencyhours(38) to enter the Premises to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply any services to current be provided by Landlord to Tenant hereunder, (e) and (f) make repairs required of Landlord under the terms hereof or prospective mortgageesrepairs to any adjoining space or utility services or make repairs, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 alterations or improvements to the Building or any other portion of the Building's systems and equipment or (v) perform services required of Landlord hereunder; provided, however, that all such work shall be done as promptly as reasonably possible. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Demised Premises or any other loss occasioned thereby. For each of the above purposes, by such entry.(39)
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, Demised Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and any emergency in order to obtain entry to the Demised Premises. Any , and any entry into to the Demised Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Demised Premises or an eviction, actual or constructive, of Tenant from the Demised Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours to (Aa) take possession due inspect the same, (b) exhibit the same to any breach of this Lease in the manner provided herein and in compliance prospective purchasers, lenders, or tenants, (c) determine whether Tenant is complying with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided all its obligations in this Lease, (d) supply any service that this Lease obligates Landlord to provide to Tenant, (e) post notices of non-responsibility or similar notices, or (f) make repairs required of Landlord under the terms of this Lease or make repairs or alterations and may take such reasonable steps as required additions to accomplish any adjoining space or utility services (including but not limited to the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts right to minimize interference with Tenant's use of place alternative electric utility service provider wires and business conducted in equipment within and through the Premises), or make repairs, alterations, or improvements to any other portion of the Shopping Center; however, all such work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused Tenant by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby this Article 20 waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article 20 will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Base Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
Samples: Single Tenant Building Lease (Sri Surgical Express Inc)
ENTRY BY LANDLORD. Landlord reserves 19.1 LANDLORD, its agents, employees, and contractors may enter the right Leased Premises at all reasonable times and upon not less than 24 hour prior notice any time in response to Tenant (except in the case of an emergency) to enter the Premises to , and at reasonable hours to: (ia) inspect themthe Leased Premises; (iib) show exhibit the Leased Premises to prospective purchasers, lenders, tenants, brokers, or agents; (c) determine whether TENANT is complying with all its obligations in this LEASE; (d) any service to current be provided by LANDLORD to TENANT according to this LEASE; (e) post written notices of nonresponsibility or prospective mortgageessimilar notices; or (f) make repairs required of LANDLORD under the terms of this LEASE or make repairs to any adjoining space or utility services or make repairs, ground alterations, or underlying lessors or insurers orimprovements to any other portion of the building; however, all such work will be done as promptly as is reasonably possible and with the intention to cause as little interference to TENANT as is reasonably possible. LANDLORD may at any time during the last nine ninety (990) months days of the Lease TermTerm place on or about the Leased Premises, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alterbuilding, improve or repair the Premises or the Buildingproject any “for lease” or other signs or notices advertising LANDLORD’s expectation that the Leased Premises will become available for leasing or rental. TENANT, by this Section 19.1, waives any claim against LANDLORD, its agents, employees, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's TENANT’s business, lost profits, any loss of occupancy or quiet enjoyment of the Leased Premises, and or any other loss occasioned therebyby any entry in accordance with this Section 19.1. For each of the above purposes, Landlord shall LANDLORD will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Leased Premises (excluding Tenant's TENANT’s vaults, safes safes, and special security areas similar areas, if any, designated in advance writing by TenantTENANT in advance). In an emergency, Landlord shall LANDLORD will have the right to use any and all means that Landlord LANDLORD may deem proper to open the doors in and to the Leased Premises in an emergency in order to obtain entry to the Leased Premises, provided that LANDLORD will promptly repair any damages caused by any forced entry. Any entry into to the Leased Premises by Landlord LANDLORD in the manner hereinbefore described shall accordance with this Article 19 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Leased Premises or an eviction, actual or constructive eviction constructive, of Tenant TENANT from the Leased Premises or any portion of the Leased Premises. No provision , nor will any such entry entitle TENANT to damages or an abatement of monthly Base Rent, additional rent, or any other charges that this Lease shall be construed as obligating Landlord LEASE requires TENANT to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Landlord's agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of non - responsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (e) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance at any time when for any reason an entry therein shall be necessary by Tenant. In an emergencyreason of emergency or otherwise or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 1 contract
ENTRY BY LANDLORD. Tenant shall permit Landlord reserves and Xxxxxxxx's agents to enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant for any of the following purposes: (except in the case of an emergencya) to enter inspect the Premises Premises, (b) to (i) inspect them; (ii) show the Premises to prospective purchasers, supply any services or to current perform any maintenance obligations of Landlord, including the erection and maintenance of such scaffolding, canopies, fences, and props as may be required, (c) to make such improvements, replacements or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, additions to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingCenter as Landlord deems necessary or desirable, (d) to post notices of non-responsibility, (e) to place any usual or ordinary "for sale" signs, or for structural alterations, repairs or improvements (e) within six (6) months prior to the Building or the Building's systems and equipment or (v) perform services required expiration of Landlord hereunder. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take to place any usual or ordinary "for lease" signs. No such reasonable steps as required entry shall result in any rebate of rent or any liability to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy occupation or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency or unless Tenant consents at all times have a key with which the time of entry. If Tenant is not personally present to unlock all the doors in open and permit an entry into the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In at any time when for any reason an emergencyentry therein shall be necessary or permissible, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall have be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into care, maintenance or repair of the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry intoany part thereof, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord specifically provided herein.
Appears in 1 contract
Samples: Standard Industrial Gross Lease (Scripps Financial Corp)
ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable times and have the right, upon not less than 24 hour reasonable prior notice to Tenant (Tenant, except in the case of an emergency) , to enter the Premises to (i) to inspect them; the Premises, (ii) to supply services to be provided by Landlord hereunder, (iii) to show the Premises to prospective purchasers, lenders or tenants and to current put 'for sale' or prospective mortgagees'for lease' signs thereon, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); or (iv) to post notices required or allowed by this lease or by law, (v) to alter, improve or repair the Premises and any portion of the Project, and (vi) to erect scaffolding and other necessary structures in or through the Premises or the Building, or for structural alterations, repairs or improvements Project where reasonably required by the character of the work to the Building or the Buildingbe performed. During Landlord's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter entry into the Premises at for any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated foregoing purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference not unreasonably interfere with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of ; provided, however, Landlord or Landlord Parties, Tenant hereby waives shall not be liable in any claims for damages or manner for any injuries or inconvenience to or interference with Tenant's inconvenience, disturbance, loss of business, lost profits, nuisance or other damage arising from Landlord's entry and acts pursuant to this paragraph and Tenant shall not be entitled to an abatement or reduction of rent if Landlord exercises any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyrights reserved in this paragraph. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on and about the Premises, Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and an emergency in order to obtain entry to the Premises. Any entry into by Landlord to the Premises by Landlord in the manner hereinbefore described pursuant to this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at any other reasonable time upon reasonable notice to Tenant to:
(Aa) take possession due Inspect the Premises;
(b) Exhibit the Premises to prospective purchasers and lenders, and, during the last eight (8) months of the term, prospective tenants;
(c) Determine whether Tenant is complying with all its obligations in this Lease;
(d) Supply cleaning service and any breach other service to be provided by Landlord to Tenant according to this Lease;
(e) Post written notices of non-responsibility or similar notices; or
(f) Make repairs required of Landlord under the terms of this Lease in or make repairs to any adjoining space or utility services or make repairs, alterations, or improvements to any other portion of the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant failsBuilding. Tenant, after notice and a reasonable opportunity to cureby this Article 20, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet quite enjoyment of the Premises, and or any other loss occasioned therebyby any entry in accordance with this Article 20 provided same is not caused by the gross negligence or wilful misconduct of Landlord. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises, provided that Landlord will promptly repair any damages caused by any forces entry. Any entry into on the Premises by Landlord in the manner hereinbefore described shall accordance with this Article 20 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor will any such entry entitled Tenant to damages or an abatement of Monthly Rent' Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
Samples: Office Lease (Safescience Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency or at reasonable hours to:
(Aa) take possession due inspect the Premises;
(b) exhibit the same to prospective purchasers and lenders. Prospective tenants during the last six (6) months of the term only;
(c) determine whether Tenant is complying with all its obligations in this Lease;
(d) supply cleaning service and any breach other service to be provided by Landlord to Tenant according to this Lease;
(e) post notices of non-responsibility or similar notices; or
(f) make repairs required of Landlord under the terms of this Lease in or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the manner provided herein Building; however, all such work will be done as promptly as reasonably possible and in compliance with Applicable Laws; and (B) perform any covenants of so to cause as little interference to Tenant which Tenant failsas reasonably possible. Tenant, after notice and a reasonable opportunity to cureby this Article 21, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that which Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article 21 will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Rent, Additional Rent, or other charges which this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
Samples: Office Lease (Ryland Group Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour forty-eight (48) hours prior written notice to Tenant (except in the case of an emergency, in which case prior notice shall not be required) to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgageestenants (for tenants, ground or underlying lessors or insurers or, only during the last nine six (96) months of the Lease Term), or to prospective tenantsthe ground or underlying lessors; (iii) to post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other Applicable Laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 2722, Landlord may enter the Premises at any time time, without notice to Tenant, (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and emergency situations and/or (B) to perform any covenants janitorial or other recurring services required of Tenant which Tenant fails, after notice and a reasonable opportunity Landlord pursuant to cure, to performthis Lease. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise provided in this Lease, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, except for emergencies, Landlord shall use commercially reasonable efforts to perform any such entryentry in an expeditious manner so as to minimize interference with Tenant’s use of the Premises. Landlord shall use commercially reasonable efforts to schedule entries into the Premises under this Article 22 with Tenant (except entries under items (A) and (B) set forth above, and/or in the event of emergency) so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord (but Landlord shall not have any obligation to wait for such Tenant representative to the extent the same is not reasonably available). Even in an emergency situation, Landlord shall use commercially reasonable efforts to minimize interference with disruption to Tenant's use of and ’s business conducted operations. Except as otherwise provided in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord PartiesLease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises; provided, however, that Landlord shall, subject to Section 10.1 of this Lease and to the extent that such damage is not covered by insurance required to be carried by Tenant under this Lease or caused by any governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision In addition, notwithstanding anything to the contrary set forth in this Article 22, Tenant may designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property. In connection with the foregoing, Landlord shall be construed not enter such Secured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as obligating Landlord a Secured Area and shall only maintain or repair such Secured Area to perform any repairsthe extent (i) such repair or maintenance is required in order to maintain and repair the Building; (ii) required by Applicable Laws, alterations or decorations except as otherwise expressly agreed (iii) in response to be performed specific requests by Landlord hereinTenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlords’ reasonable approval.
Appears in 1 contract
Samples: Office Lease (Legalzoom Com Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours to:
(Aa) take possession due Inspect the Premises;
(b) Show the Premises to prospective purchasers, lenders, or Tenants;
(c) Determine whether Tenant is complying with all its obligations in this Lease;
(d) Supply cleaning service and any breach other service to be provided by Landlord to Tenant according to this Lease;
(e) Post written notices of nonresponsibility or similar notices; or
(f) Make repairs required of Landlord under the terms of this Lease in or make repairs to any adjoining space or utility service make repairs, alterations, or improvements to any other portion of the manner provided herein Building; however, all such work will be done as promptly as reasonably possible and in compliance with Applicable Laws; and (B) perform any covenants of so as to cause as little interference to Tenant which Tenant failsas reasonably possible. Tenant, after notice and a reasonable opportunity to cure, to performby this Article 20. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby any en accordance with this Article 20. For each of the above purposes, Landlord shall at will ax all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use u any and all means that Landlord may deem proper to open the doors in and to the PremisesPremises in an emergency in order to obtain entry to the Premises provided that Landlord will promptly repair any damages caused by any forced entry. Any entry into to the Premises by Landlord in the manner hereinbefore described shall accordance this Article 20 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of , nor will any such entry entitle Tenant to damages or an abatement monthly rent, additional rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
Samples: Office Lease (Virage Logic Corp)
ENTRY BY LANDLORD. 19.1. Landlord reserves may enter the right Building at all reasonable times and upon not less than 24 hour prior notice to Tenant to: (except in the case of an emergency) to enter the Premises to (iA) inspect themthe same; (iiB) show exhibit the Premises same to prospective purchasers, Mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiiC) determine whether Tenant is complying with all of its obligations under this; (D) supply janitorial and other services to be provided by Landlord to Tenant under this Lease; (E) post notices of nonresponsibility non- responsibility; (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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (BF) perform any covenants of Tenant which Tenant fails, after notice fails to perform pursuant to Section 14.5; and a reasonable opportunity to cure, to perform. Landlord may (G) make any such entries without the abatement of Rent, except as otherwise provided repairs or improvements in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by Building or its systems and equipment or the gross negligence or intentional acts of Landlord or Landlord PartiesBuilding; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with Tenant's with, Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Building or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Building (excluding Tenant's ’s vaults, safes and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and Landlord shall have the right to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any Building, and any entry into to the Premises Building obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Building or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the PremisesBuilding. No provision Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease Lease. If Landlord shall be construed required to obtain entry by means other than a key provided by Tenant, the cost of such entry shall be payable by Tenant to Landlord as obligating additional rent.
19.2. If, during the last month of the Lease Term, Tenant has removed all or substantially all of Tenant’s property from the Building, Landlord may, with prior notice to perform any repairsTenant, alterations immediately enter the Building and alter, renovate and decorate the same, without liability to Tenant and without reducing or decorations except as otherwise expressly agreed to be performed by Landlord hereinaffecting Tenant’s covenants and obligations under this Lease.
Appears in 1 contract
Samples: Office Lease Agreement
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency or at reasonable hours to;
(Aa) take possession due inspect the Premises;
(b) exhibit the same to prospective purchasers, lenders or tenants;
(c) determine whether Tenant is complying with all its obligations in this Lease; Landlord’s Initials Tenant’s Initials
(d) supply cleaning service and any breach other service to be provided by Landlord to Tenant according to this Lease;
(e) post notices of non-responsibility or similar notices; or
(f) make repairs required of Landlord under the terms of this Lease in or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the manner provided herein Building; however, all such work will be done as promptly as reasonably possible and in compliance with Applicable Laws; and (B) perform any covenants of so to cause as little interference to Tenant which Tenant failsas reasonably possible. Tenant, after notice and a reasonable opportunity to cureby this Article 21, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that which Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described shall by any means permitted under this Article 21 will not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Rent, Additional Rent, or other charges which this Lease shall be construed as obligating Landlord requires tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
Samples: Office Lease (Go Daddy Group, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at At all reasonable times and upon not less than after 24 hour hours prior notice to Tenant (except in emergencies, in which case no notice is required) Landlord shall have, the case of an emergency) right to enter the Premises to (i) inspect them; (ii) show to perform any services to be provided by Landlord hereunder; to submit the Premises to prospective purchasers, lenders, or tenants and to current post "For Rent" or "For Sale" or other signs relative to the same (provided that Landlord shall not exhibit the Premises to prospective mortgagees, ground tenants or underlying lessors or insurers or, post "For Rent" signs except during the last nine (9) six months of the Lease Term, ); to prospective tenants; (iii) post notices of nonresponsibility (non-responsibility; and to repair the Premises, all without abatement of Rent except 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize actual interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury ; and may erect scaffolding and other necessary structures in or property damage to through the extent caused Premises where reasonably required by the gross negligence or intentional acts character of the work to be performed; provided, however that Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience shall endeavor not to or interference unreasonably interfere with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment use of the Premises, and any other loss occasioned thereby. For each of the above foregoing purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, other than any secured areas identified to Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premisesadvance. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer ofof the Premises or an eviction, actual or constructive, of Tenant from the PremisesPremises or any portion thereof. Landlord shall also have the right at any time to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, or shall entitle Tenant from to any portion damages or reduction 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 hereinRent hereunder.
Appears in 1 contract
Samples: Lease Agreement (Logic Devices Inc)
ENTRY BY LANDLORD. Landlord reserves the right reserves, and shall at all reasonable ----------------- times and upon not less than 24 hour prior after at least twenty four (24) hours notice to Tenant (except in emergencies) have the case of an emergency) right to enter the Premises to (i) inspect them; Initial: /s/ [ILLEGIBLE] ---------------- Multi Tenant/Complex Page 14 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 to perform any services to be provided by Landlord hereunder; to make repairs or provide any services to a contiguous tenant(s) (ii) show if any); to submit the Premises to prospective purchasers, mortgagers or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) to post notices of nonresponsibility (non- responsibility; and to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises and any portion of the Complex, all without abatement of Rent, and may erect scaffolding and other necessary structures in or through the BuildingPremises where reasonably required by the character of the work to be performed; provided, or for structural alterationshowever Landlord agrees to use its reasonable, repairs or improvements good faith efforts such that any entry by Landlord and/or Landlord's agents, employees, contractors and invitees shall be performed in a manner that the business of Tenant shall be interfered with to the Building or the Building's systems least extent that is reasonably practical. Landlord agrees to comply with any reasonable safety and/or security regulations imposed by Tenant with respect to such entry, and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may shall only enter the Premises when accompanied by Tenant or its agent (so long as Tenant makes itself reasonably available for this purpose). Landlord may install "for lease" signs related to the Premises only during the last 180 days of the Lease Term. Landlord shall also have the right at any time to (A) take possession due change the arrangement or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of the Complex and to change the name, number or designation by which the Complex is commonly known, and none of the foregoing shall be deemed an actual or constructive eviction of Tenant, or shall entitle Tenant to any breach reduction of this Rent hereunder. Tenant agrees to cooperate with Landlord and Landlord's agents, employees and contractors so that the responsibilities of Landlord under the Lease can be fulfilled in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and manner during normal business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused hours so that no extraordinary costs are incurred by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the PremisesLandlord. Any entry into to the Premises by Landlord in for the manner hereinbefore described purposes provided for herein shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
Samples: Lease Agreement (Opti Inc)
ENTRY BY LANDLORD. Upon twenty-four (24) hours prior notice, Landlord reserves ----------------- may enter the right Premises at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in to: inspect the case of an emergency) to enter same; exhibit the Premises to (i) inspect them; (ii) show the Premises same to prospective purchasers, Mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided by Landlord to Tenant under this Lease; post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, and make repairs or improvements in or to the Building or the Building's systems Premises; provided, however, that all such work shall be done as promptly as reasonably possible and equipment or (v) perform services required of Landlord hereunderso as to cause as little interference to Tenant as reasonably possible. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times shall have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes sees and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and Landlord shall have the right to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the Premises. No provision Such entry by Landlord shall not act as a termination of Tenant's duties under this Lease Lease. If 118 Landlord shall be construed required to obtain entry by means other than a key provided by Tenant, the cost of such entry shall be payable by Tenant to Landlord as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinadditional rent.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and may, upon not less than 24 hour prior hours notice to Tenant (Tenant, except ----------------- in the case of an emergency) to , enter the Premises to (ia) inspect them; the same and to determine whether Tenant is in compliance with its obligations hereunder, (iib) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective purchaserspurchasers or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiid) post notices of nonresponsibility non-responsibility, and (to the extent applicable pursuant to then applicable law); or (ive) alter, improve or repair the Premises or any portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposesReal Property. In connection with any such entryalteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. In no event shall Tenant's rent xxxxx as a result of any such entry or work; provided, however, that all such work shall be done in such a manner as to cause as little interference to Tenant as reasonably possible. Except in the event of Landlord's gross negligence or willful misconduct, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use not be liable in any manner for any inconvenience, loss of and business conducted in the Premises. Except with respect to personal injury or property other damage to Tenant or other persons arising out of Landlord's entry on the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned therebyPremises as provided in this Paragraph 23. For each of the above purposes, Landlord shall at all times have retain a key with which to unlock all of the doors in the Premises, excluding except Tenant's vaults, safes vaults and special security areas designated in advance by Tenantsafes. In If an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and emergency necessitates immediate access to the Premises. Any entry into , Landlord may use whatever force is necessary to enter the Premises by Landlord in and any such entry to the manner hereinbefore described Premises shall not be deemed to be constitute a forcible or unlawful entry intointo the Premises, or a detainer of, of the Premises, or an actual or constructive eviction of Tenant from the Premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
Samples: Lease Agreement (Natus Medical Inc)
ENTRY BY LANDLORD. Landlord reserves Landlord, its agents, employees, and contractors may enter the right Leased Premises at all any time in response to an emergency and at reasonable times and upon not less than 24 hour prior hours otherwise after twenty-four (24) hours notice to Tenant (except in the case of an emergency) to enter the Premises to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with its obligations under this Lease, (d) perform any act permitted to current or prospective mortgageesbe performed by Landlord according to the terms of this Lease, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law); non-responsibility or similar notices, or (ivf) altermake repairs required or permitted to be made by Landlord under the terms of this Lease or repairs to any adjoining space or utility services or make repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or any other portion of the Building's systems ; provided, however, all such work shall be done as promptly as reasonably possible and equipment or (v) perform services required of Landlord hereunderso as to cause as little interference to Tenant as reasonably possible. Notwithstanding anything to the contrary contained in Tenant by this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby 20.00 waives any claims claim against Landlord, its agents, employees or contractors for damages or for for: any injuries injury or inconvenience to or interference with Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the PremisesLeased Premises and, and unless caused by Landlord’s negligent or willful act or omission, any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all doors in, on, or about the doors in the Premises, Leased Premises (excluding Tenant's ’s vaults, safes and special security similar sensitive areas reasonably designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall have the right to use any and all means that Landlord may reasonably deem proper to open the doors in and to the PremisesLeased Premises in order to obtain entry to the Leased Premises in a situation deemed an emergency by Landlord. Any entry into to the Leased Premises obtained by Landlord in the manner hereinbefore described by any means permitted under this Article 20.00 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or into a detainer ofof the Leased Premises or an eviction, actual or constructive, of Tenant from the Leased Premises, or an actual or constructive eviction of Tenant from any portion of the Leased Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Base Monthly Rent, Additional Rent, or other charges that this Lease requires Tenant to pay. Notwithstanding anything contained herein, Landlord’s right of entry under this article shall be construed as obligating Landlord subject to perform restrictions and limitations imposed on Tenant under any repairslaws, alterations regulations or decorations except as otherwise expressly agreed to be performed by Landlord hereincontracts of the United States protecting national security.
Appears in 1 contract
Samples: Lease (Mirion Technologies, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not reasonable prior notice (but no less than 24 hour prior notice to Tenant one (1) business day, except in the case of an emergencyemergencies or to perform regularly scheduled services) to the Tenant to enter the Premises to to: (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees or to current or prospective mortgagees, ground or underlying lessors or insurers lessors, or, during the last nine twelve (912) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)non-responsibility; or (iv) alter, improve or repair the Premises or the BuildingBuilding if necessary to comply with current building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment ; or (v) perform services or other obligations required of Landlord hereunderunder 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, invitees, licensees, tenants, third parties or assigns, shall be permitted any access to the Premises unless reasonably coordinated with Tenant upon not less than one (1) business day prior written notice, except in the 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 reason for access. Notwithstanding anything to the contrary contained in this Article 2725, Landlord may enter the Premises at any time to (A) take possession due to any breach perform regularly scheduled services and/or maintenance obligations required of Landlord under this Lease in the manner provided herein and in compliance with Applicable LawsLease; and (B) perform perform, in accordance with the provisions of this Lease, any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any Any such entries shall be without the abatement of Rent, except as otherwise expressly provided in Section 19.8.2 of this Lease, and may shall include the right to take such reasonable steps as required to accomplish the stated purposes. In connection with ; provided, however, that any such entry, Landlord entry shall use commercially reasonable efforts be accomplished as expeditiously as reasonably possible and in a manner so as to minimize cause as little interference with Tenant's use of and business conducted in the Premisesto Tenant as reasonably possible. Except with respect to personal injury or property damage Subject to the extent caused by the gross negligence or intentional acts provisions of Landlord or Landlord PartiesSection 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 ’s business, lost profits, or any loss of occupancy or quiet enjoyment of the Premises, and Premises in connection with any other loss occasioned therebyentry by Landlord in accordance with the terms of this Article 25. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's ’s vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the PremisesPremises so long as Landlord 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 by Landlord in the manner mariner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Tenant may, after reasonable prior notice to and consultation with Landlord, reasonably designate certain areas of this Lease the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Without limiting the foregoing, all rooms containing Tenant’s intermediate distribution frame (IDF) and main distribution frame (MDF), all other IT rooms shall be construed as obligating deemed Secured Areas. Landlord may only enter such Secured Areas upon three (3) business days’ notice to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed Tenant which notice shall specify the date and time of such entry by Landlord herein(and Tenant shall have the right to escort Landlord); provided, however, that Landlord may enter the Secured Areas without notice to Tenant and without escort in the event of an emergency, in which case Landlord shall provide Tenant with notice of such entry promptly thereafter. The parties agree that Tenant shall have exclusive control of the existing (and any new) phone/data/server room(s) in the Premises and shall have the right to install its own access control/card reader on the server room doors within the Premises that serves only the Premises. Additionally, Tenant phone/data/server room(s) located in the Premises may be keyed by Tenant separate from all other doors in the Building. No equipment of others shall be installed in the existing (or any new) phone/data/server room(s) located in the Premises and such phone room may only be used as a pass-through for other tenants in the Building. All maintenance, regulatory testing, or any other planned activity that has reasonable potential to impact the infrastructure supporting Tenants’ phone/data/server room shall be communicated to and coordinated with Tenant in advance.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
ENTRY BY LANDLORD. That it shall be lawful for the Landlord reserves the right and its agent(s) at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in during the case of an emergency) Term to enter the Leased Premises to (i) inspect them; (ii) show the Premises condition thereof. Where an inspection reveals that repairs or replacements are necessary pursuant to prospective purchasersthe requirements of Paragraph
9.05.1 the Landlord shall give to the Tenant notice in writing, and immediately thereafter the Tenant will forthwith proceed to make all necessary repairs or replacements in a good and workmanlike manner and to the satisfaction of the Landlord, acting reasonably so as to complete same within the time or times provided for in the notice delivered by the Landlord as aforesaid. The failure by the Landlord to give notice shall not relieve the Tenant from any of its obligations to repair or replace in accordance with the provisions hereof. Provided further, that if the Tenant refuses or neglects to repair promptly and to the reasonably satisfaction of the Landlord as required pursuant to the provisions of Paragraph 9.05 hereof or in accordance with any notice received from the Landlord pursuant to the provisions of this paragraph 9.06 the Landlord may, but shall not be obligated to, make such repairs or replacements without liability to the Tenant for any loss or damage which may occur to the Tenant's property or to current the Tenant's business by reason thereof and upon completion, the Tenant shall forthwith pay upon demand the Landlord's cost for making any such repairs or prospective mortgageesreplacements plus a sum equal to fifteen (15%) percent thereof for overhead, ground as additional rent. The Tenant agrees that the making of any repairs or underlying lessors or insurers or, during replacements by the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable Landlord pursuant to then applicable law); this Paragraph 9.06 is not a re-entry or (iv) alter, improve or repair the Premises or the Building, or a breach of any covenant for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary quiet enjoyment contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord herein.
Appears in 1 contract
ENTRY BY LANDLORD. 17.1 Landlord reserves shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises at any time after at least one (1) business days' notice (except in an emergency, in which case, no prior notice is required) to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers lenders or, during the last nine six (96) months of the Lease Term, to prospective tenants; , (iiic) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility nonresponsibility, and (f) make any repairs to the Premises, or make any repairs to any adjoining space or utility services, or make any repairs, alterations or improvements to any other portion of the Building, in each case to the extent applicable pursuant Landlord is required or expressly permitted to then applicable law); or (iv) alterperform such repairs, improve or repair the Premises or the Building, or for structural alterations, repairs alterations or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) take possession due to any breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in under this Lease, provided all such work shall be done as promptly as reasonably practicable and may take such reasonable steps so as required to accomplish the stated purposescause as little interference to Tenant as reasonably practicable. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any all claims for damages or for any injuries injury or inconvenience to or interference with TenantXxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion thereof. Any entry by Landlord and Xxxxxxxx's agents shall not impair Xxxxxx's operations more than reasonably necessary, except in the event of an emergency. In any entrance into the Premises pursuant to the provisions of this Article 17, Landlord shall endeavor in good faith to comply with Tenant's reasonable security procedures, except to the extent Landlord or its agents determine that an emergency makes compliance with such procedures impracticable. So long as Tenant leases the entire Building, Landlord shall not make any material alterations or improvements to the Building without Tenant’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, that, such consent shall not be required for alterations or improvements required to comply with Legal Requirements or required in the event of an emergency to protect the safety of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations Building or decorations except as otherwise expressly agreed to be performed by Landlord hereinits occupants.
Appears in 1 contract
Samples: Lease (Gigamon Inc.)
ENTRY BY LANDLORD. 17.1 Landlord reserves shall have the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises at any time, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its good faith judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), to (ia) inspect them; the Premises, (iib) show exhibit the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers lenders or, during in the last nine (9) months of the Lease Term, to prospective tenants; , (iiic) determine whether Tenant is performing all of its obligations hereunder, (d) supply any service to be provided by Landlord, (e) post notices of nonresponsibility nonresponsibility, and (f) make any repairs to the extent applicable pursuant to then applicable law); or (iv) alter, improve or repair the Premises or the BuildingPremises, or for structural alterationsmake any repairs to any adjoining space or utility services, repairs or make any repairs, alterations or improvements to any other portion of the Building or the Building's systems Project, provided all such work shall be done as promptly as reasonably practicable and equipment or (v) perform services required of Landlord hereunderso as to cause as little interference to Tenant as reasonably practicable. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any all claims for damages or for any injuries injury or inconvenience to or interference with TenantXxxxxx's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergencyTenant and approved in writing by Landlord in advance), and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the such doors in and an emergency to obtain entry to the Premises. Any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
Samples: Lease (Bionano Genomics, Inc.)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times Landlord, its agents, employees, and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, Landlord contractors may enter the Premises at any time in response to an emergency and at reasonable hours to: (Aa) take possession due Inspect the Premises; (b) Exhibit the Premises to any breach prospective purchasers, lenders, or tenants; (c) Determine whether Tenant is complying with all its obligations in this Lease; (d) Supply services to be provided by Landlord to Tenant according to this Lease;
(e) Post written notices of nonresponsibility or similar notices; or (f) Make repairs required of Landlord under the terms of this Lease in or make repairs to any adjoining space or utility services or make repairs, alterations, or improvements to any other portion of the manner provided herein Building; however, all such work will be done as promptly as reasonably possible and in compliance with Applicable Laws; and (B) perform any covenants of so as to cause as little interference to Tenant which Tenant failsas reasonably possible. Tenant, after notice and a reasonable opportunity to cureby this Article 20, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim against Landlord, its agents, employees, or contractors for damages or for any injuries injury or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and or any other loss occasioned therebyby any entry in accordance with this Article 20, except to the extent of damage caused by Landlord's intentional acts. For each of the above purposes, Landlord shall will at all times have and retain a key with which to unlock all of the doors in in, on, or about the Premises, Premises (excluding Tenant's vaults, safes safes, and special security similar areas designated in advance writing by TenantTenant in advance). In an emergency, Landlord shall will have the right to use any and all means that Landlord may deem proper to open the doors in and to the Premises in an emergency in order to obtain entry to the Premises, provided that Landlord will promptly repair any damages caused by any forced entry. Any entry into to the Premises by Landlord in the manner hereinbefore described shall accordance with this Article 20 will not be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from the Premises or any portion of the Premises. No provision , nor will any such entry entitle Tenant to damages or an abatement of Monthly Rent, Additional Rent, or other charges that this Lease shall be construed as obligating Landlord requires Tenant to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinpay.
Appears in 1 contract
ENTRY BY LANDLORD. 27.1 Landlord reserves and its designees may enter the right demised premises at all reasonable times hours and upon not less than 24 hour prior reasonable notice to Tenant (except in the case event of an emergencyemergency or any entry to perform janitorial services requested by Tenant) to enter the Premises to (ia) inspect them; the same, (iib) show exhibit the Premises same to prospective purchasers, lenders or tenants, (c) determine whether Tenant is complying with all of its obligations hereunder, (d) supply janitorial service and any other services to current or prospective mortgageesbe provided by Landlord to Tenant hereunder, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iiie) post notices of nonresponsibility nonresponsibility, and (f) make repairs to the extent applicable pursuant demised premises, to then applicable law); any adjoining space or (iv) alter, improve or repair the Premises or to any other portion of the Building, or for structural alterations, repairs or improvements to the Building or the Building's systems and equipment or (v) perform services required of Landlord hereunderprovided that all such work shall be done as promptly as reasonably possible. 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 breach of this Lease in the manner provided herein and in compliance with Applicable Laws; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and demised premises or any other loss occasioned thereby. For each of the above purposes, by such entry.
27.2 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, demised premises (excluding Tenant's vaults, safes and special security similar areas designated in advance writing by Tenant. In an emergency, Tenant in advance); and Landlord shall have the right to use any and all means that which Landlord may deem proper to open the said doors in and any emergency in order to obtain entry to the Premises. Any demised premises, and any entry into to the Premises demised premises obtained by Landlord in the manner hereinbefore described by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, demised premises or an eviction, actual or constructive eviction constructive, of Tenant from the demised premises, or any portion of the Premises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinthereof.
Appears in 1 contract
Samples: Lease (Talk America Holdings Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times and upon not less than 24 hour prior notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of 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 or (v) perform services required of Landlord hereunder. Notwithstanding anything to the contrary contained in this Article 27, 21.01 Landlord may enter the Premises at any time all reasonable times to, provided that Landlord is accompanied by a bank representative or employee (except to (A) take possession due provide janitorial services to any breach of this Lease the Premises or in the manner event of an emergency): inspect the same; exhibit the same to prospective purchasers, Mortgagees or tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply janitorial and other services to be provided herein and in compliance with Applicable Lawsby Landlord to Tenant under this Lease; post notices of non-responsibility; and (B) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity make repairs or improvements in or to cure, to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims claim for damages or for any injuries injury or inconvenience to to, or interference with with, Tenant's ’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and Premises or any other loss occasioned therebyby such entry. For each of the above purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, Premises (excluding Tenant's ’s vaults, safes and special security similar areas designated by Tenant in advance by Tenant. In an emergencywriting in advance), and Landlord shall have the right to use any and all means that by which Landlord may deem proper to open the such doors in and to obtain entry to the Premises. Any , and any entry into to the Premises obtained by Landlord in the manner hereinbefore described by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into, into or a detainer of, of the Premises, Premises or an eviction, actual or constructive eviction constructive, of Tenant from any portion part of the Premises. No provision Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease Lease. If Landlord shall be construed required to obtain entry by means other than a key provided by Tenant, the cost of such entry shall by payable by Tenant to Landlord as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly agreed to be performed by Landlord hereinadditional rent.
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
ENTRY BY LANDLORD. Landlord reserves the right at all reasonable times for itself and its consultants to enter the Premises upon not less than 24 hour 48 hours’ prior notice to Tenant (except in the case event of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, or to current or prospective mortgagees, ground or underlying lessors or insurers orinsurers, or during the last nine (9) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility (to the extent applicable pursuant to then applicable law)nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building's ’s systems and equipment or (v) perform services required of Landlord hereunderequipment. 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 in compliance with Applicable Lawsherein; (C) show the lobby of the Premises to any of Landlord’s invitees or prospective tenants; and (BD) perform any covenants of Tenant which Tenant fails, after notice and a reasonable opportunity to cure, fails to perform. Landlord may make any such entries without the abatement of Rent, except as otherwise provided in this Lease, and may take such reasonable steps as required to accomplish the stated purposes. In connection with any such entry, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and business conducted in the Premises. Except with respect to personal injury or property damage to the extent caused by the gross negligence or intentional acts of Landlord or Landlord Parties, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key with which to unlock all the doors in the Premises, excluding Tenant's vaults, safes and special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. No provision Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of this Lease shall be construed as obligating Landlord to perform occupancy or quiet enjoyment of the Premises, and any repairs, alterations or decorations except as otherwise expressly agreed to be performed other loss occasioned by Landlord hereinany entry into the Premises.
Appears in 1 contract