ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work. (b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease. (c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights. (d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 3 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have reserves the right to enter at all reasonable times and upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable not less than twenty-four (24) hours prior notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord to (i) inspect them; (ii) show the Premises to prospective purchasers, or its agents liable therefor to current or prospective mortgagees, ground or underlying lessors or insurers or, during the last twelve (if during such entry Landlord 12) months of the Lease Term, to prospective tenants; (iii) post notices of nonresponsibility; or Landlord’s agent shall accord reasonable care to Tenant’s property)(iv) alter, and without relieving Tenant of any obligations under this Lease.
(c) Subject improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the requirements set forth Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in Section 17(a) abovethis Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”). Tenant need not furnish Landlord with a key, but upon the Lease Expiration Date or earlier expiration or termination of Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the purpose Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of conducting the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area. Landlord may make any such inspectionsentries without the abatement of Rent, tests except as otherwise provided in this Lease, and studies may take such reasonable steps as required to accomplish the stated purposes. Except as expressly provided in this Lease, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the above purposes, Landlord shall at all times have a key (or other comparable means) 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 desirable or necessary proper to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary open the doors in Landlord’s reasonable judgment and to ensure the sound condition of Premises. Any entry into the Building and Premises by Landlord in the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and manner hereinbefore described shall not be deemed to have assumed any responsibility to Tenant be a forcible or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoingunlawful entry into, or undertake any of a detainer of, the inspection Premises, or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business Tenant from any portion of the TenantPremises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or otherwise. decorations except as otherwise expressly agreed to be performed by Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyherein.
Appears in 2 contracts
Sources: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall agrees to permit Landlord to erect, use enter the Premises accompanied by Tenant and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as subject to Tenant’s usereasonable security requirements, layout at reasonable times, with reasonable advance notice to Tenant of not less than one (1) business day, for the purpose of inspecting the same, showing the Premises to prospective purchasers, mortgagees, or design tenants (during the last one hundred eighty (180) days of the Premises is Term only, unless Tenant does not materially affected or altered. exercise the Option to Extend provided in Paragraph 42 hereof, in which case Landlord or Landlord’s agents shall will have access for such purposes beginning on the right latest date that Tenant could exercise the Option to enter upon Extend, subject to the Premises in the event of an emergencyterms and provisions hereof), or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements making any necessary repairs or additions to the Premises or the Building as Premises of another tenant or to the Buildings and performing any work therein that may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or of the Board of Fire Underwriters or any similar body, or that Landlord may reasonably deem necessary to prevent waste or desirable. Janitorial deterioration in connection with the Premises, including without limitation any repairs or other work which Tenant is obligated to make or perform under the terms of this Lease and cleaning services shall be performed which Tenant has failed or neglected to make or perform after Normal Business Hours. Any entry or work receipt of written demand by Landlord (and the expiration of any applicable cure periods for default hereunder) that the same be made or performed. In the event Landlord performs any work which Tenant is obligated to perform under the terms of this Lease, Tenant shall pay to Landlord, within thirty (30) days from the date of receipt by Tenant of a statement therefore, the cost incurred by Landlord in performing the same. Nothing herein shall imply any duty on the part of Landlord to do any such work which, under any provision of this Lease, Tenant may be required to perform and the performance thereof by Landlord shall not constitute a waiver of any default by Tenant in failing to perform the same. Landlord may, during Normal Business Hours after reasonable notice the progress of any work in the Premises, keep and store upon the Premises all necessary materials, tools, and equipment. Landlord shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant (except by reason of making repairs or the performance of any work in the case Premises, or on account of an emergency) bringing materials, supplies and equipment to or through the Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever, provided that that Landlord agrees to use employs commercially reasonable efforts to minimize interference with the conduct of Tenant’s occupancy of business in connection with its entries into and/or work within the Premises as a result of any such entry or workPremises.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 2 contracts
Sources: Lease (Marrone Bio Innovations Inc), Lease (Marrone Bio Innovations Inc)
ENTRY BY LANDLORD. Upon not less than one (a1) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenantbusiness day’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable prior notice to Tenant (except in the case of an emergency, where no prior notice shall be required) and Landlord agrees subject to use reasonable efforts to minimize interference with Tenant’s occupancy reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as a result of required or permitted by any such entry law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or work.
(b) If potential successors, purchasers and lenders. Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or and Landlord’s agents, at any time within twelve (12) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder beyond applicable notice and cure periods), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter place upon the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property)“For Lease” signs, and without relieving exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. At any time when Tenant of does not rent all rentable space in the Project, and at any obligations under this Lease.
time within twelve (c12) Subject months prior to the requirements set forth Expiration Date (or at any time during the Lease Term that Tenant is in Section 17(adefault hereunder) aboveif Tenant does rent all rentable space in the Project, Landlord may enter shall have the Premises for right to place “For Lease” signs within the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsexterior Common Areas.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 2 contracts
Sources: Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Palo Alto Networks Inc)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have reserves the right to enter at all reasonable times (except as otherwise provided in this Article 27) upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord reasonable prior notice (which notice may be during Normal Business Hours after reasonable notice telephonic) to Tenant (except in the case of an emergency, in which event no notice shall be required) and Landlord agrees to use reasonable efforts enter the Premises to minimize interference with Tenant’s occupancy (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, brokers or investors, or to current or prospective mortgagees, ground or underlying lessors or insurers or to prospective tenants of the Premises (but only during the last twelve (12) months of the Lease Term); (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building Systems. The parties acknowledge that one room in the Premises, the file server room (the “Secure Room”), will be secured by Tenant before and after Tenant’s normal business hours (“Tenant’s Business Hours”). Tenant shall provide Landlord with keys or access cards to the Secure Room permitting Landlord to have access to the Secure Room outside of Tenant’s Business Hours in accordance with the provisions for emergency access to the Premises set forth below. Landlord shall provide janitorial services to the Secure Room only once per month, on a date that is mutually acceptable to Tenant and Landlord, such services to be provided during Tenant’s Business Hours, and only when escorted by an employee or other agent of Tenant. To the extent that Landlord incurs additional expense for cleaning and janitorial services provided to the Secure Room during Tenant’s Business Hours, Landlord shall have the right to assess such charge to Tenant as a result of any Additional Rent. Landlord shall have the right to install, use and maintain ducts, cabling, pipes and conduits in and through the Premises, provided that (a) such entry ducts, cabling, pipes and conduits are concealed within or work.
above partitioning columns, walls or ceilings, except that if such ducts, cabling, pipes or conduits are installed in areas that are utility areas (such as storage areas, mailrooms or mud rooms), then such ducts, cabling, pipes or conduits may also be installed on partitioning walls, columns or ceilings, (b) If Tenant shall such ducts, cabling, pipes and conduits do not be personally present to permit an entry into reduce the usable area of the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property)by more than a de minimis amount, and without relieving Tenant of any obligations under this Lease.
(c) Landlord installs such ducts, cabling, pipes and conduits in a manner that minimizes, to the extent reasonably practicable, any adverse effect on an Alteration theretofore performed in the Premises. Subject to the requirements set forth provisions in Section 17(a) abovethis Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) to the extent permitted by applicable Law, take possession after a Default in the manner provided herein; or (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the purpose Premises, and any other loss occasioned thereby. For each of conducting such inspectionsthe above purposes, tests Landlord shall at all times have a key or access card with which to unlock all the doors in the Premises, excluding Tenant’s vaults, safes and studies as special security areas designated in advance by Tenant to Landlord. In an emergency, Landlord shall have the right to use any means that Landlord may deem desirable or necessary proper to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary open the doors in Landlord’s reasonable judgment and to ensure the sound condition of Premises. Any entry into the Building and Premises by Landlord in the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and manner hereinbefore described shall not be deemed to have assumed any responsibility to Tenant be a forcible or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoingunlawful entry into, or undertake any of a detainer of, the inspection Premises, or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business Tenant from any portion of the TenantPremises. In exercising the rights reserved to Landlord in this Article 27, or otherwise. Landlord agrees to shall (i) use commercially reasonable efforts to minimize avoid causing material interference with Tenant’s occupancy business and its customers, employees and invitees and (ii) comply with Tenant’s security policies and procedures. Tenant shall provide Landlord with the names and contact telephone numbers of two (2) employees of Tenant to be contacted in the event of an emergency either in or affecting the Premises (“Tenant’s Emergency Contacts”). After the names and contact telephone numbers of Tenant’s Emergency Contacts have been provided by Tenant to Landlord, such information shall remain in effect until Landlord receives written notice from Tenant of any revisions to such information. In the event of any emergency that requires immediate access to the Premises, Landlord shall make reasonable efforts, if practicable under the circumstances, to place one (1) telephone call to each of Tenant’s Emergency Contacts, and, if Landlord is unable to reach either person, Landlord shall leave a voice mail message specifying the nature of the emergency for both persons (assuming that such persons maintain voice mail), The building engineer and any vendor or other emergency personnel required to address such emergency may then enter the Premises as a result for the sole purpose of any addressing such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 2 contracts
Sources: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)
ENTRY BY LANDLORD. 18.1 At all reasonable times and upon reasonable notice to Tenant, or in an emergency, Landlord may enter the Premises to (ai) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect the Premises; (ii) show the Premises to prospective purchasers, so long as current or prospective Security Holders or insurers, or, during the last 12 months of the Term (or while an uncured Default exists), prospective tenants; (iii) post notices of non-responsibility; or (iv) perform maintenance, repairs or alterations. At any time and without notice to Tenant’s use, layout Landlord may enter the Premises to perform required services provided, however, that, except in an emergency, Landlord shall provide Tenant with reasonable prior notice (which notice, notwithstanding Section 25.1 may be delivered by e-mail, fax, telephone or design orally and in person) of any entry to perform a service that is not performed on a monthly or more frequent basis. If reasonably necessary, Landlord may temporarily close any portion of the Premises is not materially affected to perform maintenance, repairs or alteredalterations. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of In an emergency, or Landlord may use any means it deems proper to inspect open doors to and in the Premises, to perform janitorial and other services, to conduct safety and other testing . Except in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and , Landlord agrees to shall use reasonable efforts to minimize interference with Tenant’s occupancy use of the Premises. Except in an emergency, Tenant may have one of its employees accompany Landlord if Tenant makes such employee available when Landlord enters the Premises. No entry into or closure of any portion of the Premises as pursuant to this Section 18 shall render Landlord liable to Tenant, constitute a result of constructive eviction, or excuse Tenant from any such entry or workobligation hereunder.
18.2 Tenant, at its expense, may provide its own locks to an area within the Premises (“Secured Area”) containing not more than 10% of the total rentable square feet. Upon the expiration or earlier termination of this Lease or Tenant’s right to possession, Tenant shall surrender to Landlord all keys to the Secured Area. Other than in an emergency, Landlord shall not enter the Secured Area without Tenant’s consent, which shall not be unreasonably withheld. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines, in its sole discretion, that an emergency requires that Landlord enter the Secured Area, then (a) Landlord may forcibly enter the Secured Area; (b) If Landlord shall have no liability to Tenant shall not be personally present with respect to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), entry; and without relieving Tenant of any obligations under this Lease.
(c) Subject Tenant shall pay all reasonable expenses incurred by Landlord in repairing any damage to the requirements set forth in Section 17(a) abovePremises resulting from such entry. Notwithstanding any contrary provision hereof, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary shall have no obligation to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described provide janitorial service in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencySecured Area.
Appears in 2 contracts
Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
ENTRY BY LANDLORD. (a) Landlord or Landlord’s agents, public utilities servicing the Building or the Unit and the Board of Managers shall have the right, and Tenant shall permit Landlord or Landlord’s agents, public utilities servicing the Building or the Unit or the Board of Managers and persons authorized by Landlord and the Board of Managers, to install, erect, use and maintain pipes, ducts, wiring ducts and conduits in and through the Premises; provided that, so long as Tenant’s use, layout or design (a) same are installed within the interior of the walls of the Premises is not materially affected or altered. Landlord or Landlordabove Tenant’s agents shall have the right to enter upon the Premises in the event of an emergencyceiling or, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions if installed adjacent to the Premises or the Building ceiling thereof, such installations shall be, at Landlord’s or the Board of Managers’ cost and expense, located in boxed enclosures and appropriately furred, (b) same shall not impair Tenant’s decorations, layout or use of the Premises or diminish its space (other than a de minimis amount) or reduce its ceiling height and to the extent there is any loss of any rentable square footage, Tenant’s Base Rent obligation and Tenant’s Pro Rata Share of escalations (whether for Expenses or Taxes) shall all be proportionately reduced, and (c) in performing such installation work, Landlord or the Board of Managers, as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to may be, shall use reasonable efforts to minimize interference with Tenant’s occupancy use of the Premises without any obligation to employ overtime services. Any damage to the Premises resulting from Landlord’s exercise of the foregoing right shall be repaired and the Premises restored to its condition prior to such damage promptly by and at the expense of Landlord or the Board of Managers, as a result of any such entry or workthe case may be.
(b) If Landlord and the Board of Managers and persons authorized by Landlord and/or the Board of Managers shall have the right, upon reasonable advance notice, except in cases of Emergencies, to enter and/or pass through the Premises at reasonable times during Building Service Hours, show the Premises to actual and prospective superior lessors, superior mortgagees or investors, or prospective purchasers of the Unit or the Building and their respective agents and representatives, provided Landlord or the Board of Managers, as the case may be, shall use reasonable efforts to minimize any interference with Tenant’s business operations and shall be accompanied by a designated representative of Tenant if Tenant shall not be personally present have made such representative available. In addition, without limiting any provisions of the Condominium Documents, the Landlord and Board of Managers and persons authorized by the Landlord or Board of Managers shall have the right, upon reasonable advance notice, except in cases of Emergency, to permit an entry into enter and/or pass through the Premises when for at reasonable times provided the Landlord or Board of Managers, as the case may be, shall use reasonable efforts to minimize any reason an entry therein interference with Tenant’s business operations and shall be necessary accompanied by a designated representative of Tenant if Tenant shall have made such representative available, (a) to make such repairs, alterations, additions and improvements in or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering and/or in or to the Unit or the Building or its facilities and equipment as the Landlord or its agents liable therefor (if during such entry the Board of Managers or persons authorized by the Landlord or Landlord’s agent Board of Managers, as the case may be, is or are required or permitted to make, and (b) to read any utility meters located therein. The Landlord and Board of Managers and such authorized persons shall accord reasonable care be allowed to take all materials into and upon the Premises that may reasonably be required in connection therewith, without any liability to Tenant and without any reduction of Tenant’s property), covenants and without relieving Tenant of any obligations under hereunder except as may be expressly provided to the contrary elsewhere in this Lease; provided, however, that to the extent reasonably practicable, the Landlord or Board of Managers, as the case may be, shall not cause or permit such materials to be stored in the Premises overnight.
(c) Subject During the period of 15 months prior to the requirements set forth in Section 17(a) aboveexpiration date of this Lease (as the same may have been extended pursuant to the provisions of this Lease), Landlord and persons authorized by Landlord may enter exhibit the Premises for the purpose to prospective tenants at reasonable times. Landlord shall give Tenant reasonable prior notice of conducting such inspections, tests and studies as Landlord may deem desirable or necessary any entry pursuant to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, 10.02 and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize any interference with Tenant’s occupancy business operations and use of the Premises as and shall be accompanied by a result designated representative of any Tenant if Tenant shall have made such entry or work and representative available to give Tenant Landlord upon reasonable prior written notice of any such entry or work, except in the case of an emergencyadvance notice.
Appears in 2 contracts
Sources: Office Lease Agreement (Pubmatic, Inc.), Office Lease Agreement (Pubmatic, Inc.)
ENTRY BY LANDLORD. Landlord (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have property manager) reserves the right to enter at all commercially reasonable times and upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable providing one (1) business days’ advance notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of enter the Premises as a result of any such entry or work.
to (bi) If Tenant shall not be personally present to permit an entry into inspect them; (ii) show the Premises when to prospective purchasers, mortgagees or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for any reason an entry therein shall be necessary structural alterations, repairs or permissibleimprovements to the Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in this Article 27, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), property manager) may enter the Premises without rendering at any time to (A) perform services required of Landlord, including janitorial service; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Landlord shall at all times when entering the Premises comply with Tenant’s reasonable safety rules and regulations and laboratory protocols of which Landlord has knowledge of, and, at Tenant’s option, shall be accompanied or escorted by Tenant’s representative at all times when entering the Premises, so long as such representative is made available when Landlord or its agents liable therefor need to enter the Premises. Subject to the provisions of this Section, Landlord (if during such entry Landlord or Landlord’s agent shall accord property manager) may make any such entries without the abatement of Rent and may take such reasonable care steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s property)business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and without relieving Tenant any other loss occasioned thereby. For each of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) aboveabove purposes, Landlord may enter shall at all times have a key with which to unlock all the Premises for doors in the purpose of conducting such inspectionsPremises, tests excluding Tenant’s laboratories, vaults, safes and studies as special security areas designated in advance by Tenant. In an emergency, Landlord shall have the right to use any means that Landlord may deem desirable or necessary proper to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary open the doors in Landlord’s reasonable judgment and to ensure the sound condition of Premises. Any entry into the Building and Premises by Landlord in the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and manner hereinbefore described shall not be deemed to have assumed any responsibility to Tenant be a forcible or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoingunlawful entry into, or undertake any of a detainer of, the inspection Premises, or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business Tenant from any portion of the TenantPremises. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or otherwise. decorations except as otherwise expressly agreed to be performed by Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyherein.
Appears in 2 contracts
Sources: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
ENTRY BY LANDLORD. Tenant shell permit Landlord and Landlord’s agents to enter the Premises at all reasonable times upon at least 24 hours’ prior written notice and subject to Tenant’s reasonable safety and security procedures for any of the following purposes: (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, (b) to supply any services or to perform janitorial any maintenance obligations of Landlord, including the erection and other servicesmaintenance of such scaffolding, to conduct safety canopies, fences, and other testing in the Premises and props as may be required, (c) to make such repairsimprovements, alterations, improvements replacements or additions to the Premises or the Building Center as Landlord may deem deems necessary or desirableas required by Lease, (d) to post notices of nonresponsibility, (e) to place any usual or ordinary “for sale” signs, or (f) within six (6) months prior to the expiration of this Lease, to place any usual or ordinary “for lease” signs. Janitorial and cleaning services No such entry shall be performed after Normal Business Hours. Any entry result in any rebate of rent or work by Landlord may be during Normal Business Hours after reasonable notice any liability to Tenant (except in for any loss of occupation or quiet enjoyment of the case of an emergency) and Premises. Landlord agrees to will use reasonable efforts to minimize interference with Tenant’s occupancy Tenants business operations and shall endeavor to enter only at times scheduled with Tenant and if Tenant so requires, Tenant may have a representative of Tenant escort any persons entering the Premises as a result Premises. Landlord shall give reasonable notice to Tenant prior to any entry except in an emergency (e.g., threat of any such entry injury to person or work.
(bproperty) or unless Tenant consents at the time of entry. If Tenant shall is not be personally present to open and permit an entry into the Premises Premises, at any time when for any reason an entry therein shall be necessary or permissiblepermissible as provided herein, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), agents may enter the Premises same by a master key, or may forcibly enter the same without rendering Landlord or its such agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property)therefor, and without relieving Tenant in any manner affecting the obligations and covenants of any obligations under this Lease.
(c) Subject . Nothing herein contained, however, shall be deemed or construed to the requirements set forth in Section 17(a) aboveimpose upon Landlord any obligation, Landlord may enter the Premises responsibility or liability whatsoever for the purpose of conducting such inspectionscare, tests and studies as Landlord may deem desirable maintenance or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy repair of the Premises as a result of or any such entry or work and to give Tenant reasonable prior written notice of any such entry or workpart thereof, except in the case of an emergencyas otherwise specifically provided herein.
Appears in 2 contracts
Sources: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.), Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
ENTRY BY LANDLORD. Landlord and its authorized agents and representatives shall be entitled at all reasonable times during normal business hours, and after business hours upon twenty-four (24) hours prior notice, and at any time in case of an emergency
(a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of enter the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have to inspect the right to enter upon the Premises in the event of an emergencysame, or to inspect cure a default of Tenant or to protect the Premisesinterests of Landlord, or to perform janitorial post notices of non-responsibility and other services, (b) to conduct safety take required materials and other testing in equipment into the Premises and to make such repairsperform required work therein, including the erection of scaffolding, props, or other devices for the purpose of making alterations, improvements repairs or additions to the Premises or to any other portion of the Building building in which the Premises or the Center are situated as may be provided in this Lease or as may be agreed upon by the parties or as Landlord may deem necessary be required by law to make or desirablefor maintaining any service provided by Landlord to Tenant hereunder, without any rebate of Rent to Tenant for any loss of occupancy or quiet enjoyment of the Premises, or damage, injury or inconvenience thereby occasioned. Janitorial and cleaning services Such entry shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice in such a manner as to cause as little disturbance to Tenant (except in the case of an emergency) and as is reasonably practical, however, Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present required to perform any such work after regular working hours or on weekends or holidays. Tenant shall permit an entry into the Premises when for any reason an entry therein shall be necessary Landlord or permissibleits agents, Landlord (or Landlord’s agents)upon request, after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering or any part thereof, at reasonable times during normal business hours to show the Premises to the fee owners, landlords of superior leases, holders of encumbrances on the interest of Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject , or prospective purchasers or Mortgagees of the Center, and during the period of six months prior to the requirements set forth expiration date of this Lease, to prospective tenants. Landlord shall also have the right to enter the Premises at such times as such entry shall be required by an emergency affecting the Premises or any other portion of the building in Section 17(a) abovewhich the Premises are located or any other portion of the Center. If during the last month of the Term Tenant shall have removed substantially all of Tenant’s property and personnel from the Premises, Landlord may enter the Premises for and repair, alter and redecorate the purpose of conducting such inspectionssame, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the and without liability to Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any and such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyacts shall have no effect on this Lease.
Appears in 2 contracts
Sources: Retail Lease Agreement, Retail Lease Agreement
ENTRY BY LANDLORD. (a) Tenant shall permit Subject to the terms of this Section 24.2(a), Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall its Affiliates at all times have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, and Landlord will retain (or be given by Tenant) keys to perform janitorial unlock all the doors to or within the Premises, excluding doors to Tenant’s vaults and files and Tenant’s limited high-security areas. Landlord in good faith will attempt to give Tenant oral or written notice at least one (1) day prior to entering the Premises and will use commercially reasonable efforts to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances. But, Landlord need not give notice and will have the right to use any means necessary to enter the Premises if Landlord believes there is an emergency or that entry is necessary to prevent damage or Injury or protect health, safety or property, although Landlord still will attempt to avoid disturbing or interfering with the conduct of Tenant’s business by such entry more than is reasonably necessary under these circumstances (although Tenant acknowledges that emergency situations may result in material interference). Entry to the Premises and the exercise of Landlord’s rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into or a detainer of the Premises or an eviction of Tenant from the Premises or any portion thereof, nor will it subject Landlord to any Labilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies.
(b) Notwithstanding anything to the contrary, Landlord reserves from the rights granted to Tenant in this Lease, and Tenant agrees to permit, the right of emergency egress through the Premises for Landlord and other servicestenants and occupants of the Building (and their respective Affiliates). To accommodate this emergency egress, Landlord will have the right to conduct safety use existing (or if not already existing or to be part of Landlord’s Work, at its cost install new) doors, hardware and other testing locking devices in the Premises and to make such repairscomply with applicable Laws in providing this access, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall all of this work will be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice in a good and workmanlike manner and so as not to Tenant (except in disturb the case conduct of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of business more than is reasonably necessary under the Premises as a result of any such entry or workcircumstances.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 2 contracts
Sources: Lease (TransMedics Group, Inc.), Lease Agreement (TransMedics Group, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout its agents or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents representatives shall have the right to enter upon the Premises in to inspect the event of an emergencysame, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in show the Premises and to prospective purchasers, mortgagees, tenants (during the last twelve months of the Lease Term or earlier in connection with a potential relocation) or insurers, or to clean or make such repairs, alterationsalterations or additions thereto, improvements including any work that Landlord deems necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or any other tenants' premises. Except for any entry by Landlord in an emergency situation or to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises, which notice may be given verbally. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant's business in the Premises. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close the Premises to perform repairs, alterations or additions in the Building as Premises, provided that Landlord may deem necessary or desirable. Janitorial shall use reasonable efforts to perform all such work on weekends and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord may be during Normal Business Hours after reasonable notice hereunder shall not constitute a constructive eviction or entitle Tenant to Tenant (except in any abatement or reduction of Rent by reason thereof. Notwithstanding the case of an emergency) and foregoing, if Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of temporarily closes the Premises as provided above for a result period in excess of any such entry or work.
three (b3) If consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rental during the period beginning on the fourth (4th) consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be personally present entitled to permit an entry into abatement if the Premises when for any reason an entry therein shall repairs, alterations and/or additions to be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of its maintenance and repair obligations under the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyLease.
Appears in 2 contracts
Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erectreserves the right, use at all reasonable times and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable prior notice to Tenant Tenant, but in no event less than forty-eight (48) hours prior written notice, (except in the case of an emergency), to enter the Premises to (a) inspect the Premises; (b) show the Premises to existing or potential purchasers, successors, investors, Security Holders or insurers, and during the last nine (9) months of the Lease Term (or while a Default exists), to prospective tenants; (c) post notices of nonresponsibility; (d) perform maintenance or repairs to the Premises, subject to the limitations set forth in this Lease; (e) to maintain or repair improvements for other tenants where access to the Premises is required for such maintenance or repair, subject to the limitations set forth in this Lease; or (f) maintain or repair pipes, conduits, ducts, wires and structural elements in the Premises that serve other parts or tenants of the Building, subject to the limitations set forth in this Lease. Landlord agrees shall at all times have a key with which to unlock all the doors in the Premises, provided Tenant may designate certain areas of the Premises (not to exceed 15% of the total rentable square footage of the Premises or such larger area as may be shown on the Approved Working Drawings for the Tenant Improvements) as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection or to perform Landlord’s obligations hereunder, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection, and Tenant shall be responsible for all damages resulting from Landlord’s limited access to such areas. In an emergency, Landlord shall have the right to use any means Landlord may deem proper to open the doors in and to the Premises. Landlord shall use commercially reasonable efforts to conduct its activities under this Article 28 in a manner that will minimize inconvenience to Tenant and avoid interference with Tenant’s occupancy use of or access to the Premises as a result of any (including, if necessary to avoid such entry or work.
(b) If Tenant shall not be personally present to permit an entry into interference, entering the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s propertybusiness hours), and without relieving . In no event shall Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise entitled to an abatement of Rent on account of any entry by reason of Landlord in accordance with Article 28, nor shall Landlord be liable in any manner for any inconvenience, loss or interruption of business or other damage to Tenant or other persons arising out of Landlord’s entry on the Premises in accordance with this Article 28. No action by Landlord pursuant to this Article 28 shall constitute an eviction of Tenant, constructive or otherwise. Landlord agrees , entitle Tenant to use reasonable efforts an abatement of Rent or to minimize interference terminate this Lease, or otherwise release Tenant from any of Tenant’s obligations under this Lease so long as such action does not interfere with Tenant’s occupancy use of or access to the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyPremises.
Appears in 2 contracts
Sources: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case any portion of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyExcept in emergencies or to provide Building services, and Landlord has not, and shall not be deemed to have assumed any responsibility to provide Tenant or any other party for compliance with Laws as a result of the exercise or nonat least twenty-exercise of such rights.
four (d24) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable hours’ prior written notice of entry (which may be by email). In connection with any such entry for nonemergency work performed during Building Service Hours, Landlord shall use reasonable efforts, consistent with the operation of a first-class office, lab and R&D building, not to unreasonably interfere with Tenant’s use of the Premises. If reasonably necessary, Landlord may temporarily close all or worka portion of the Premises to perform repairs, alterations and additions. Landlord shall not close the Premises during Building Service Hours if the work can reasonably be performed on weekends and/or after Building Service Hours. Any such entry by Landlord shall not otherwise constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, in the event that the Premises is closed or access thereto is completely denied in connection with any such repairs, alterations or additions and not due to Force Majeure, and such prohibited access continues for more than one (1) day, then commencing on the second day of such prohibited access, Rent shall ▇▇▇▇▇ for each day that Tenant is prevented from having any access to the Premises due to such work and not due to Force Majeure (it being acknowledged and agreed that there shall be no abatement of Rent so long as Tenant has minimum access to the Premises nor shall there be any abatement of Rent in connection with any Force Majeure). Tenant shall at all times, except in the case of an emergencyemergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided that Tenant makes such representative available when such access is reasonably agreed and provided that such escort does not materially and adversely affect Landlord’s access rights hereunder. Landlord shall use reasonable efforts to comply with Tenant’s reasonable security, confidentiality and safety requirements with respect to entering restricted portions of the Premises; provided, however, that Tenant has notified Landlord of such security, confidentiality and safety requirements reasonably prior to Landlord’s entry into the Premises and provided further that in no event shall Tenant bar or prohibit access by Landlord and its employees, agents and contractors for the performance of the obligations of Landlord or the exercise of the rights of Landlord under this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Buildings. Except in emergencies or to provide Building as services, Landlord may deem necessary or desirable. Janitorial shall provide Tenant with reasonable prior verbal notice of entry and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize any interference with Tenant’s occupancy use of the Premises as a result Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be necessary entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or permissibleat such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may shall not enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s propertyunless Tenant otherwise agrees), and without relieving Tenant of any obligations under but (ii) if the entry is for another purpose permitted by this Lease.
(c) Subject to the requirements set forth in Section 17(a) aboveSection, Landlord may enter the Premises for the purpose of conducting such inspectionsPremises. If reasonably necessary, tests and studies as Landlord may deem desirable temporarily close all or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building and the systems serving the BuildingService Hours. Landlord’s rights under Except as specifically provided otherwise in this Section 17 10, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. If Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are for Landlord’s own protection onlyreturned to Tenant in a tenantable condition. Tenant, and Landlord has nothowever, and shall not be deemed entitled to have assumed any responsibility an abatement if the repairs, alterations and/or additions to Tenant or any other party for compliance with Laws be performed are required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including, without limitation, a Default by Tenant in whole or in partits maintenance and repair obligations under the Lease. Tenant, or giving rise at its own expense, may provide its own locks to an abatement of Rent by reason of loss or interruption of business area within the Premises (“Secured Area”) containing no more than 5% of the Rentable Area in the Premises. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, or otherwiseand Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord agrees shall comply with all reasonable security measures pertaining to use the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable efforts to minimize interference with Tenant’s occupancy expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of any such a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or work and to give Tenant reasonable prior written notice of any such entry or work, except cleaning in the case of an emergencySecured Area.
Appears in 2 contracts
Sources: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered, as determined by Landlord, in its commercially reasonable discretion, and approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building on dates and times mutually agreed upon by Tenant and Landlord, except as provided in Section 17(b) below. If Tenant’s use may be affected by any such entry or work, Tenant will have the right to require Landlord may deem necessary or desirableto perform such work after hours. Janitorial and cleaning services to be performed by or at the direction of Landlord shall be performed after Normal Business Hours. Any Landlord shall use commercially reasonable efforts to ensure that any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference shall not materially interfere with Tenant’s occupancy or use of the Premises as a result of any such entry or workPremises.
(b) If Landlord reasonably believes an emergency exists and Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents)Premises, after attempting to notify Tenant (unless Tenant, Landlord believes an emergency situation exists), may enter the Premises without without, except as expressly provided in this Lease to the contrary, rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property)therefor, and without without, except as expressly provided in this Lease to the contrary, relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) aboveOn dates and at times reasonably requested by Landlord and approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (FSP 50 South Tenth Street Corp)
ENTRY BY LANDLORD. Landlord, its agents, contractors and representatives may enter the Premises to inspect or show the Premises to prospective purchasers or tenants, mortgagees, encumbrancers or to others (aas to prospective tenants, only during the last twelve (12) Tenant shall permit Landlord months of the Term), to erectclean and make repairs, use and maintain pipes, ducts, wiring and conduits in and through alterations or additions to the Premises, so long as Tenant’s useand to conduct or facilitate repairs, layout alterations or design additions to any portion of the Premises is not materially affected Building, Including other tenants' premises, and to inspect and repair the Equipment (as defined herein) and, as permitted in the Equipment Lease, remove the Equipment from the Premises. Except in emergencies or alteredto provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord or Landlord’s agents shall have the right to enter upon temporarily close all or a portion of the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial repairs, alterations and other servicesadditions. However, to conduct safety and other testing except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord may be shall not constitute constructive eviction or, except as expressly provided in this Article XI, entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the business of Tenant in the Premises. However, the foregoing shall not require Landlord to perform work after Normal Business Hours unless Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work which exceeds the cost for such work which would have been incurred had it been performed during Normal Business Hours after reasonable notice to Tenant (except in Hours. Notwithstanding the case of an emergency) and foregoing, if Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of temporarily closes the Premises as provided above for a result period in excess of any such entry or work.
(b) If 4 consecutive days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 6th consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be personally present entitled to permit an entry into abatement if the Premises when for any reason an entry therein shall repairs, alterations and/or additions to be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of its maintenance and repair obligations under the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyLease.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of Landlord Related Parties may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building as or to perform any of its obligations or exercise any of its rights under this Lease. Except in emergencies or to provide Building services, Landlord may deem necessary or desirable. Janitorial shall provide Tenant with reasonable prior verbal notice of entry and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize any interference with Tenant’s occupancy use of the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and/or after Building Service Hours on Business Days. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Tenant may, upon not less than ten (10) days' prior written notice to Landlord, reasonably establish a reasonable number of secured areas within the Premises, which shall not be generally accessible to Landlord (collectively, the "Secured Area"). Landlord shall have no obligation to provide janitorial or cleaning services to the Secured Area and Tenant shall cause such Secured Area to be maintained in a neat and clean manner at Tenant's sole cost and expense. If Landlord must gain access to a Secured Area in a non-emergency situation (e.g., to perform a repair for which Landlord needs access to the Premises), Landlord shall contact Tenant in writing or orally, and Landlord and Tenant, both acting reasonably and in good faith, shall arrange a time for Landlord to have access, no less than twenty-four hours thereafter. If Landlord determines in its reasonable discretion that an emergency in the Building or the Premises involving the health or safety of persons or the damage to property requires Landlord to gain access to a Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any portion of the Premises damaged as a result of any such entry or workforced entry.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Office Lease Agreement (CrowdStrike Holdings, Inc.)
ENTRY BY LANDLORD. (a) Except as provided in Section 14(b) below, Tenant will permit Landlord and its agents to enter into the Premises at all reasonable times to inspect them and to maintain the Building, to make repairs to any portion of the Building, and to show the Premises to prospective purchasers or lenders, provided Landlord gives Tenant 24 hours’ notice (which notice may be written or oral) during normal business hours prior to any such entry; provided, however, that no notice shall be required in emergency situations or to provide Building-standard services. Landlord shall use commercially reasonable efforts to minimize interference with the operation of Tenant’s business when entering into the Premises.
(b) Notwithstanding the foregoing, Landlord shall not have access at any time to Tenant’s Data Center which contains highly confidential and sensitive information.
(c) Landlord may have access to the Premises (excluding the Data Center) to exhibit them during reasonable hours to prospective tenants during the last 180 days of the Term upon 24 hours’ prior notice (which notice may be written or oral), such notice to be delivered to Tenant during normal business hours.
(d) For each of the aforesaid purposes, Landlord and/or its agent shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding the Data Center and further excluding Tenant’s vaults, safes, computer server rooms, and any rooms containing financial records. Landlord shall not be required to provide any janitorial or repair and maintenance services to Tenant’s Data Center or any other areas within the Premises that Tenant does not allow Landlord to access and Tenant shall permit be solely responsible for providing such services at Tenant’s cost in accordance with a class A office building. Landlord may enter Tenant’s Data Center or other restricted areas using any means necessary in an emergency presenting imminent risk of injury to erectpersons or property, use provided that Landlord makes reasonable efforts (i) to first contact Tenant regarding such emergency entry and (ii) to minimize interference with the operation of Tenant’s Data Center and other business functions in the accessed areas of the Premises. Tenant shall not alter any lock or install a new or additional lock or any bolt on any door of the Premises (excluding the Data Center) without prior written consent of Landlord. If Landlord shall give its consent, Tenant shall utilize Landlord’s locksmith for such purpose. The foregoing shall not alter Tenant’s right to install and maintain pipes, ducts, wiring and conduits in and through supplemental security systems for the Premises, so long as Tenant’s use, layout or design of Landlord retains the ability to access the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have (excluding the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergencyData Center) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or workwhen necessary.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Sublease (Model N, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord and Landlord's Agents to erectenter the Premises at all reasonable times following not less than 24 hours prior notice, use except for emergencies in which case no notice shall be required, to inspect the same and maintain pipesto conduct tests thereon, ductsto post Notices of Nonresponsibility and "For Sale" signs, wiring to show the Premises to interested parties such as prospective lenders and conduits in purchasers, to make necessary Alterations or repairs, and through to discharge Tenant's obligations hereunder when Tenant has failed to do so within a reasonable time after written notice from Landlord. Notwithstanding the Premisesforegoing, so long as Tenant’s use, layout or design Landlord and Landlord's Agents may enter the Premises at any reasonable time following not less than 24 hours prior notice within nine (9) months prior to the expiration of the Lease Term, or at any time during the Lease Term hereof if Tenant is in default hereunder, to place upon the Premises is not materially affected or alteredordinary "For Lease" signs and to show the Premises to prospective tenants. Landlord or Landlord’s agents Tenant shall have the right to have a representative of Tenant to accompany Landlord or Landlord's Agents on the Premises. Landlord shall be subject to Tenant's reasonable security requirements and shall not access Tenant's safes or enter upon into any areas maintained by Tenant for the Premises in the event safety and security of an emergencymonies, securities, negotiable instruments, confidential documents or files, or to inspect the Premisessimilar items, to perform janitorial and other serviceswithout Tenant's prior consent, to conduct safety and other testing which consent shall not unreasonably be withheld, delayed or conditioned, except for emergencies in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the which case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant 's consent shall not be personally present required. Landlord shall use commercially reasonable efforts not to permit an entry into interfere with the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction conduct of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency's business.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Subject to erectthe terms hereof, use Landlord, its agents, contractors and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of representatives may enter the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial clean and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements alterations or additions to the Premises Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building or the Project, including other tenants' premises (if any), and, during the final 12 months of the Term (as the same may be extended), show the Premises to prospective tenants. Except in emergencies or to provide janitorial and other Building as services after Normal Business Hours (to the extent that the same is or becomes a Landlord obligation under the terms of this Lease), Landlord shall provide Tenant with no less than 24 hours prior notice of entry into the Premises, which may deem be given orally. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or desirablea portion of the Premises to perform repairs, alterations and additions. Janitorial However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, Tenant, at its own expense, may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy designate all or a portion of the Premises as a result "Secured Area" and provide its own locks to such area ("Secured Area"). Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of any such entry or work.
(b) If Tenant's right to possession, Tenant shall not be personally present surrender all such keys to permit an entry into Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation (i.e., to perform Landlord's maintenance and repair obligations within the Premises when for any reason an entry therein shall be necessary or permissiblePremises), Landlord (shall contact Tenant in writing or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyorally, and Landlord has notand Tenant shall arrange a mutually agreed upon time for Landlord to have such access, no less than 24 hours thereafter. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall not be deemed to have assumed pay all reasonable expenses incurred by Landlord in repairing or reconstructing any responsibility to Tenant entrance, corridor, door or any other party for compliance with Laws portions of the Premises damaged as a result of the exercise a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described cleaning in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencySecured Area.
Appears in 1 contract
Sources: Office Lease Agreement (Actel Corp)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable Upon prior notice to Tenant (except in the case of an emergency, where no prior notice shall be required) and Landlord agrees subject to use reasonable efforts to minimize interference with Tenant’s occupancy reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) erecting additional building(s) and improvements on the land where the Premises are situated or on adjacent land owned by Landlord; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non responsibility for any construction, alteration or repair thereof, as a result of required or permitted by any such entry law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or work.
(b) If potential successors, purchasers and lenders. Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or and Landlord’s agents, (i) at any time Tenant vacates the Premises (other than in connection with a Permitted Transfer or a sublease of the entire Premises) and (ii) at any time within nine (9) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder), after attempting to notify place upon the Premises or within the exterior Common Areas “For Lease” signs, and exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. At any time when Tenant does not rent all rentable space in the Project Landlord shall have the right to place “For Lease” signs within the exterior Common Areas fronting North First Street. In addition, at any time within nine (unless Landlord believes an emergency situation exists9) months prior to the Expiration Date (or at any time during the Lease Term that Tenant is in default hereunder), may enter Landlord shall have the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care right to Tenant’s property), and without relieving Tenant of any obligations under this place “For Lease” signs within the exterior Common Areas.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease Agreement (Cavium, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants’ premises. However, provided there is no uncured event of default under this Lease, any exhibition of the Premises to prospective tenants prior to the last 12 months of the Term shall be subject to Tenant’s prior consent, which shall not be unreasonably withheld, conditioned or delayed. If Landlord’s entry into the Premises is for the purpose of conducting or facilitating repairs, alterations or additions to other tenants’ premises and does not materially affected or alteredconstitute an emergency, then Landlord shall use commercially reasonable efforts to perform such repairs after Normal Business Hours unless Tenant grants permission to Landlord to perform such repairs during Normal Business Hours. Landlord or Landlord’s agents shall have the right to enter upon the Premises use commercially reasonable efforts in connection with any such entry (except in the event of an emergency, ) to minimize any interference with the operations and normal office routine of Tenant. Except in emergencies or to inspect the Premises, to perform provide janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any , Landlord shall provide Tenant with 24-hour prior notice of entry or work by Landlord into the Premises, which may be during given orally. Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions, if reasonably necessary for the protection and safety of Tenant and its employees. Except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours; provided, however, that Landlord is not required to conduct work on weekends or after Normal Business Hours after reasonable notice to Tenant (except in if such work can be conducted without closing the case of an emergency) and Premises. Entry by Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of for any such entry or work.
(b) If Tenant purposes shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as constitute a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise entitle Tenant to an abatement or reduction of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyRent.
Appears in 1 contract
Sources: Office Lease (GameFly Inc.)
ENTRY BY LANDLORD. Landlord may enter the Premises to inspect, show (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through but only during the Premises, so long as Tenant’s use, layout or design last 12 months of the Premises is not materially affected Term or altered. Landlord anytime during an uncured Default by Tenant) or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building as services, Landlord may deem necessary or desirable. Janitorial shall provide Tenant with reasonable prior verbal notice of entry and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize any interference with Tenant’s occupancy use of the Premises as a result Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein Premises, which may be given orally and by email (if Tenant’s email contact is provided to Landlord) to the entity occupying the Premises, and Tenant shall be necessary entitled to have an employee of Tenant accompany the person(s) entering the Premises. If, however, Tenant does not make an employee available in the Premises at the time indicated in such notice or permissibleat such other time as may be mutually agreed upon by Landlord and Tenant, then (i) if the entry is for the purpose of performing work or providing services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may shall not enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s propertyunless Tenant otherwise agrees), and without relieving Tenant of any obligations under but (ii) if the entry is for another purpose permitted by this Lease.
(c) Subject to the requirements set forth in Section 17(a) aboveSection, Landlord may enter the Premises for the purpose of conducting such inspectionsPremises. If reasonably necessary, tests and studies as Landlord may deem desirable temporarily close all or necessary a portion of the Premises to confirm perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent provided that such entry is in accordance with the provisions of this Lease. Tenant, at its own expense, may provide its own locks to an area within the Premises (“Secured Area”) containing no more than 500 rentable square feet of space. Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of the Lease or Tenant’s compliance with right to possession, Tenant shall surrender all Laws (including Hazardous Materials Laws) or for other purposes necessary such keys to Landlord. If Landlord must gain access to a Secured Area in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlya non-emergency situation, Landlord shall contact Tenant, and Landlord has notand Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant with respect to such entrance by Landlord, and Tenant shall not be deemed to have assumed pay all reasonable expenses incurred by Landlord in repairing or reconstructing any responsibility to Tenant entrance, corridor, door or any other party for compliance with Laws portions of the Premises damaged as a result of the exercise a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described cleaning in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencySecured Area.
Appears in 1 contract
Sources: Office Lease Agreement (Rapid7 Inc)
ENTRY BY LANDLORD. (a) Landlord reserves the right and Tenant shall will permit Landlord and its authorized representatives to erect, use and maintain pipes, ducts, wiring and conduits in and through enter the Premises, so long Premises at all reasonable times upon not more than 24 hours notice as may be required by Tenant if such entry interrupts Tenant’s use, layout or design of the Premises scheduled business activity. Up to 24 hours notice is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises required in the event case of an emergencyinspections, emergencies, required or routine maintenance. Up to inspect the Premises24 hours notice is required at all reasonable times for purposes of (i) performing scheduled maintenance, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements repairs or additions making alterations to the Premises or any other portion of the Building serviced in or about the Premises, including the erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice reasonably require; (ii) posting notices to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy interior of the Premises beyond the elevator lobby, such as a result notices of any such entry nonresponsibility or work.
nonliability for alterations or repairs; or (biii) If Tenant shall not be personally present to permit an entry into showing or submitting the Premises when for to prospective purchasers or tenants, all of which actions Landlord may take without any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting abatement of Rent. Tenant agrees to notify Tenant (unless Landlord believes an emergency situation exists), may enter cooperate with the showing of the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), prospective purchasers and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwisetenants. Landlord agrees to limit leasing tours for the Premises except during the last six months of the Term. Prior to the sixth month before the end of the Term or upon Tenant’s notice of early termination, Landlord will use best efforts not to average more than one leasing tour per week. During the last six months before the end of the Term or upon Tenant’s notice of early termination, Landlord has no restriction on the number of tours per week. If Tenant has notified Landlord that it is terminating the Lease as provided in Section 1.C, then Landlord’s right to conduct leasing tours will commence immediately. Tenant hereby waives any claim for damages for any injury or inconvenience to or interferences with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such entry. Landlord will use reasonable efforts in order that the entrance to minimize interference the Premises will not be blocked by the making of such alterations or the performing of such maintenance and that the business of Tenant will not thereby be interfered with unreasonably. For each of the aforesaid purposes, Landlord will at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, excluding Tenant’s occupancy vaults, safes, file cabinets and desks, and Landlord may use any means which Landlord deems proper to open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, will 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 of Tenant from the Premises or any portion thereof. Landlord has the right to make alterations to or demolish the Building or erect other buildings on the real property adjacent thereto. Tenant will not in such event be entitled to any direct or consequential damages for any damage or inconvenience occasioned thereby, but Landlord will use its best efforts to accomplish such work in such a manner as to inconvenience Tenant as little as possible. In the event Tenant is deprived of the use of the Premises as a result by reason of the demolition of the Building, this Lease will terminate without any such entry or work and liability of Landlord to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyTenant.
Appears in 1 contract
Sources: Lease Agreement (XOOM Corp)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have reserves the right to enter at all reasonable times and upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable not less than twenty-four (24) hours’ notice to Tenant (except in the case of an emergency) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, 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) repair the Premises or the Building, or for structural repairs to the Building or the Building’s systems and equipment as provided under the Lease. Landlord agrees 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 an emergency, Landlord shall have the right to use reasonable efforts any means that Landlord may deem proper to minimize interference with Tenant’s occupancy of open the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present doors in and to permit an the Premises. Any entry into the Premises when for any reason an entry therein shall be necessary or permissible, by Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter in the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and manner hereinbefore described shall not be deemed to have assumed any responsibility to Tenant be a forcible or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoingunlawful entry into, or undertake any of a detainer of, the inspection Premises, or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business Tenant from any portion of the Tenant, or otherwisePremises. Landlord agrees to shall use commercially reasonable efforts to minimize any interference with Tenant’s occupancy use of or access to the Premises in connection with any such entry, and shall comply with Tenant’s reasonable security measures. Landlord shall hold confidential any information regarding Tenant’s business that it may learn as a result of such entry. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate in writing certain reasonable areas of the Premises as a result “Secured Areas” should Tenant require such areas for the purpose of any securing certain valuable property or confidential information; provided, that the Secure Area does not block access to base building systems or other areas of the Building to which Landlord requires regular access. In connection with the foregoing, Landlord shall not enter such entry or work and to give Tenant reasonable prior written notice of any such entry or work, Secured Areas except in the case event of an emergency. Landlord shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the base Building; (ii) as required by Applicable Law, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval.
Appears in 1 contract
Sources: Lease (Annexon, Inc.)
ENTRY BY LANDLORD. Landlord, its agents, employees, and contractors may enter the Leased Premises at any time in response to an emergency and upon 24-hour notice from Landlord to Tenant at reasonable hours to:
(a) Inspect the Leased Premises;
(b) Exhibit the Leased Premises to prospective purchasers, lenders, or tenants;
(c) Determine whether Tenant shall permit is complying with all its obligations in this Lease;
(d) Post written notices of non-responsibility or similar notices; or
(e) Make repairs required of Landlord under the terms of this Lease or make repairs to erectany adjoining space or utility services or make repairs, use alterations, or improvements to any other portion of the Leased Premises; however, all such work will be done as promptly as reasonably possible and maintain pipesso as to cause as little interference to Tenant as reasonably possible. Landlord will at all times have and retain a key with which to unlock all of the doors in, ductson, wiring and conduits in and through or about the Premises, so long as Leased Premises (excluding Tenant’s usevaults, layout or design of the Premises is not materially affected or alteredsafes, and similar areas designated in writing by Tenant in advance). Landlord or Landlord’s agents shall will have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial use any and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as all means Landlord may deem necessary or desirable. Janitorial proper to open doors in and cleaning services shall be performed after Normal Business Hoursto 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 good faith entry or work to the Leased Premises by Landlord may in accordance with this Section 20 will not be during Normal Business Hours after reasonable notice construed or deemed to be a forcible or unlawful entry into or a detainer of the Leased Premises or an eviction, actual or constructive, of Tenant (except in from the case Leased Premises or any portion of an emergency) and the Leased Premises. In exercising any of Landlord’s rights hereunder, Landlord agrees to shall use commercially-reasonable efforts to minimize any interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care interruption to Tenant’s property), and without relieving Tenant of any obligations under this Leasebusiness operations.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Sublease Agreement
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building as Building. Except in emergencies or to provide services, Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to provide Tenant with no less than forty-eight (48) hours (except in the case of an emergency) ), which notice may be delivered via e-mail or mail, prior notice of entry, which notice may be delivered by telephone or by email, and Landlord agrees to shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Landlord shall not show the Premises to prospective tenants except during the last twelve (12) months of the Term. Landlord shall use commercially reasonable efforts to not interfere with Tenant’s use or occupancy of, or access to the Premises and shall comply with Tenant’s reasonable security and access requirements. Subject to the foregoing, if reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions that Landlord is required to make pursuant to the terms of this Lease or are reasonably necessary in connection with the maintenance, repair, replacement or operation of the Building. Furthermore, except in emergencies, Landlord will not close the Premises if such work can reasonably be completed on weekends and after Building Service Hours. If such closure renders the Premises untenantable for a period in excess of ten (10) consecutive Business Days, and as a result of any such entry or work.
(b) If Tenant does not occupy the Premises, then Tenant shall not be personally present entitled to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to receive an abatement of Rent by reason of loss or interruption of business payable hereunder during the period beginning on the eleventh (11th) consecutive Business Day of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of closure and ending on the day the Premises as are returned to Tenant in a result tenantable condition. If the entire Premises have not been rendered untenantable by Landlord’s closure, the amount of any such entry or work and to give Tenant reasonable prior written notice of any such entry or workabatement shall be equitably prorated. However, except in emergencies, Landlord will not close the case Premises. Subject to the foregoing abatement right, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of an emergencyRent.
Appears in 1 contract
Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s 's use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s 's agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to may use reasonable efforts to minimize interference ensure that any entry or work shall not materially interfere with Tenant’s 's occupancy of the Premises as Premises, however, any such interference shall not be a result default by Landlord. Tenant shall not be responsible for any claims arising out of any person engaged by the contractor providing janitorial services to the Premises that are based on such entry or workperson not being eligible to work in the United States.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s 's agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s 's agent shall accord reasonable care to Tenant’s 's property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises upon reasonable prior notice and at a mutually convenient time for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s 's compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s 's reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s 's rights under this Section 17 are for Landlord’s 's own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building. Except in emergencies that threaten injury to property or persons or to provide recurring Building as services, Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any provide Tenant with no less than 24 hours prior written notice of entry or (48 hours for the performance of non-emergency work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergencyPremises) and Landlord agrees to shall use reasonable efforts to minimize any interference with Tenant’s occupancy use of or access to the Premises Premises. Notwithstanding the foregoing, except in emergency situations as a result of determined by Landlord, Landlord shall exercise reasonable efforts to perform any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts manner that is reasonably designed to minimize interference with the operation of Tenant’s occupancy business in, or Tenant’s access to, the Premises, and if Landlord performs any work in the Premises during Building Service Hours, then Landlord shall use commercially reasonable efforts to schedule such work to minimize interference with the operation of Tenant’s business in, or Tenant’s access to, the Premises, provided that Tenant reasonably cooperates with Landlord’s scheduling efforts. Landlord acknowledges and agrees that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord; provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord’s entry into the Premises as permitted hereunder. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord may temporarily close all or a portion of the Premises as a result of any such entry or work to perform repairs, alterations and to give Tenant reasonable prior written notice of any such entry or workadditions. However, except in emergencies, Landlord will not close the case Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as expressly provided in this Lease, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of an emergencyRent.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s 's use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s 's agents shall have the right to enter upon the Premises upon 24 hours advance notice, except in the event of an emergencyemergency or regularly scheduled Landlord obligations under this Lease, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business HoursHours and shall not require notice. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to shall use reasonable efforts to minimize interference ensure that any entry or work shall not materially interfere with Tenant’s 's occupancy of the Premises as a result of Premises, however, any such entry or workinterference shall not be a default by Landlord provided cured within two (2) Business Days of written notice from Tenant.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s 's agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s 's agent shall accord reasonable care to Tenant’s 's property), and without relieving Tenant either party of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises Premises, upon at least 24 hours advanced written notice, except in the case of an emergency, for the purpose of conducting such inspections, tests and studies as Landlord may deem reasonably desirable or necessary to confirm Tenant’s 's compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s 's reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s 's rights under this Section 17 are for Landlord’s 's own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. ; provided Landlord agrees to use commercially reasonable efforts not to minimize interference (1) disrupt Tenant's use of the Premises, or (2) materially interfere with Tenant’s 's occupancy of the Premises as a result of Premises, however any such entry or work and to give Tenant reasonable prior interference shall not be a default by Landlord if it is cured within two (2) Business Days of written notice of any such entry or work, except in the case of an emergencyfrom Tenant.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord, and its duly authorized representatives, shall, upon reasonable prior notice (aexcept in the case of emergency or for normal cleaning and maintenance operations), have the right to enter the Premises at all reasonable times (except at any time in the case of emergency) for the purposes of inspecting the condition of same and making such repairs, Alterations thereto as may be necessary if Tenant fails to do so as required hereunder (but Landlord shall permit have no duty whatsoever to make any such inspections, repairs, Alterations except as otherwise provided in Sections 4.1, 8.1 and 8.2 and Exhibit 2.1), and to show the Premises to prospective tenants during the twelve (12) months preceding expiration of the term of this Lease as it may have been extended and at any reasonable time during the Lease Term to show the Premises to prospective purchasers and mortgagees. During any access to the Premises by Landlord or its employees, agents or contractors, except in an emergency, (i) Landlord must give Tenant reasonable prior notice prior to erect, use and maintain pipes, ducts, wiring and conduits in and through entering the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents (ii) Tenant shall have the right to enter upon the Premises in the event of an emergency, or to inspect accompany Landlord during any such entry into the Premises, provided that Tenant makes someone available to perform janitorial Landlord on a reasonable basis, (iii) upon entering the Premises Landlord shall cause as little inconvenience, annoyance and other servicesdisturbance to Tenant (and any Tenant Parties) as is reasonably possible under the circumstances and shall comply with all reasonable safety, security and crisis management policies and procedures as may then be in effect with respect to conduct safety and other testing Tenant’s operations in the Premises (provided Tenant has given Landlord notice of such policies and procedures); and (iv) with respect to make such repairs, alterations, improvements or additions to any portion of the Premises which is actually occupied by Tenant or the Building as Landlord may deem necessary any Tenant Parties, any noisy or desirable. Janitorial and cleaning services disruptive work shall be performed after Normal Business Hours. Any entry or work Notwithstanding the foregoing, Tenant may elect, by Landlord may be during Normal Business Hours after reasonable written notice to Landlord, to designate its server rooms as a “Secure Area” of the Premises. Notwithstanding the foregoing, Tenant may not designate areas as “Secured Areas” if such designation would prohibit Landlord free access to any mechanical or electrical room, or other portion of the Premises which Landlord deems necessary to enter in connection with the repair, maintenance or operation of Building systems and/or equipment providing services to other tenants in the Building, such as through riser closets or electrical rooms. Landlord and its agents shall not enter said Secure Area unless accompanied by an agent or employee of Tenant, excepting only in the event of an emergency when no such agent or employee shall be required to be present. Upon twenty-four (24) hours prior notice (except in the case event of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any emergencies when no such entry or work.
(b) If notice shall be required), Tenant shall not be personally present permit Landlord to permit an entry into the Premises when enter said Secure Area for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), purposes of performing usual and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests customary maintenance and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Buildingrepair work. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall cleaning contractor will not be deemed provide cleaning services to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsSecure Areas.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease Agreement (CarGurus, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon no less than forty-eight (48) hours' prior 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 janitorial or security services), enter the Premises to (a) inspect the same and to determine whether Tenant shall permit is in compliance with its obligations hereunder, (b) show the Premises to prospective lenders, purchasers and, during the last 12 months of the Term, to prospective tenants, (c) post notices of nonresponsibility, and (d) make repairs or required alterations or improvements to the Building or any other portion of the Premises as required under this Lease. At Tenant's option, Tenant may require that an employee of Tenant accompany any such visitors (other than Landlord or Landlord's agents, employees or contractors). Tenant may from time to erecttime upon thirty (30) days’ advance written notice to Landlord designate, use and maintain pipes, ducts, wiring and conduits in and through as secured areas of the Premises, so long areas where unusually confidential information is kept. Except in the case of emergency (as determined by Landlord in good faith), Landlord shall not enter such secured areas unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord during Business Hours upon reasonable advance request (which may be oral) by Landlord. If Tenant shall fail to make such a representative available upon such request, Landlord may enter such secured areas without Tenant’s use, layout or design of the Premises is not materially affected or alteredrepresentative. Landlord or Landlord’s agents shall have at all times be provided with a means of entry to the right to enter upon the Premises secured areas in the event of an emergencyemergency or Tenant’s failure to provide a representative as aforesaid. Landlord shall not provide janitorial services to such secured areas unless requested by Tenant, in which case such services will be provided at the normal times janitorial service is supplied to other portions of the Premises. Tenant may elect that a representative accompany the provider of such janitorial services to the secured areas so long as the same does not require rescheduling of such services or hinder, interfere with or delay the performance of the same and is permitted under Landlord’s applicable contracts with the provider of such janitorial services. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to inspect liability for consequential damages or loss of business or profits by Tenant. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, to perform janitorial except Tenant's vaults and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as safes. Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable good faith efforts to minimize interference with Tenant’s 's use and occupancy of the Premises as a result for the ordinary conduct of Tenant's business in connection with the exercise of Landlord's rights under this Paragraph. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry or work.
(b) If Tenant to the Premises shall not be personally present to permit an constitute a forcible or unlawful entry into the Premises when for any reason an entry therein shall be necessary or permissiblePremises, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition a detainer of the Building and Premises, or an eviction of Tenant from the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyPremises, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or nonportion thereof. 1005628.07/SF 375170-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.00002/11-24-16/mrm/mrm -47-
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building as services, Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any provide Tenant with at least twenty-four (24) hours’ prior written notice of entry or work by Landlord (which may be by email). In connection with any such entry for non-emergency work performed during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Building Service Hours, Landlord agrees to shall use reasonable efforts efforts, consistent with the operation of a first-class high rise building, not to minimize interference unreasonably interfere with Tenant’s occupancy use of the Premises as a result of any such entry Premises, and will use commercially reasonable efforts not to close the Building or work.
(b) If Tenant shall not be personally present prevent access to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting subject to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition in connection with emergencies or imminent damage or danger). If reasonably necessary, Landlord may temporarily close all or a portion of the Building Premises to perform repairs, alterations and the systems serving the Buildingadditions. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not close the Premises during Building Service Hours if the work can reasonably be deemed performed on weekends and/or after Building Service Hours. Any such entry by Landlord shall not constitute a constructive eviction or entitle Tenant to have assumed any responsibility to Tenant an abatement or any other party for compliance with Laws as a result reduction of the exercise or non-exercise of such rights.
(d) Landlord may do any of Rent. Notwithstanding the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without event that the Premises is closed or access thereto is completely denied in connection with any such action constituting an actual repairs, alterations or constructive eviction additions and not due to Force Majeure, and such prohibited access continues for more than one (1) day, then commencing on the second day of Tenantsuch prohibited access, in whole or in part, or giving rise Rent shall ▇▇▇▇▇ for each day that Tenant is prevented from having any access to an the Premises due to such work and not due to Force Majeure (it being acknowledged and agreed that there shall be no abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees so long as Tenant has minimum access to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result nor shall there be any abatement of Rent in connection with any such entry or work and to give Force Majeure). Tenant reasonable prior written notice of any such entry or workshall at all times, except in the case of an emergencyemergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided that Tenant makes such representative available when such access is reasonably agreed and provided that such escort does not materially and adversely affect Landlord’s access rights hereunder. Landlord shall use reasonable efforts to comply with Tenant’s reasonable security, confidentiality and safety requirements with respect to entering restricted portions of the Premises; provided, however, that Tenant has notified Landlord of such security, confidentiality and safety requirements reasonably prior to Landlord’s entry into the Premises and provided further that in no event shall Tenant bar or prohibit access by Landlord and its employees, agents and contractors for the performance of the obligations of Landlord or the exercise of the rights of Landlord under this Lease.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through Provided that the exercise of such rights does not unreasonably interfere with Tenant’s occupancy of the Premises, so long as Tenant’s use, layout or design of Landlord shall have the Premises is not materially affected or altered. following rights Landlord or Landlord’s and its agents and representatives shall have the right to enter into and upon any and all parts of the Premises (after giving Tenant reasonable notice thereof by telephone, except in cases of emergency, in which case no notice shall be required, but Landlord shall attempt to provide notice to Tenant’s designated emergency contact) at all reasonable hours (or, in any emergency, at any hour), and a representative of Tenant shall accompany such party during such entry; provided, if a representative of Tenant is not present at the Premises to accompany Landlord within one (1) hour after the scheduled entry time, then Landlord shall reschedule such entry (except in the event of an emergency, or to inspect in which case, before entering the Premises, Landlord shall wait for a representative of Tenant as long as is practicable under the circumstances after providing notice to perform janitorial and other servicesTenant’s emergency contact as set forth above, to conduct safety and other testing in the Premises and inspect same), to clean or make such repairs, alterations, improvements repairs or alterations or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial necessary, and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant obtain access to mechanical rooms and other Building facilities (except in including, without limitation, the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy roof if the Premises includes the top floor of the Premises as a result of any such entry or work.
(b) If Building); and Tenant shall not be personally present entitled to permit an entry into any abatement or reduction of rent by reason thereof. During the period of 180 days prior to the expiration date of this Lease, Landlord and Landlord’s agents may exhibit the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify prospective tenants at reasonable hours and upon prior notice to Tenant (unless Landlord believes an emergency situation exists), may enter by telephone. The following areas in the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to may, at Tenant’s property)election, and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance be locked with all Laws (including Hazardous Materials Laws) or for other purposes necessary keys that are not in Landlord’s reasonable judgment to ensure the sound condition master system, although one duplicate key shall be kept by Landlord in its off-site management office: CEO’s office - 6th Floor, CFO’s office - 6th Floor, V.P. of the Building Finance’s office - 6th Floor, Payroll office - 6th Floor, Human Resource offices - 3rd floor (this consists of 1 file room and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights5 offices).
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours Landlord shall provide Tenant with reasonable prior notice of entry into the Premises is not materially affected or alteredwhich may be given orally. If reasonably necessary for the protection and safety of Tenant and its employees. Landlord or Landlord’s agents shall have the right to enter upon temporarily close all or a portion of the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial repairs, alterations and other servicesadditions. However, to conduct safety and other testing except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Notwithstanding the foregoing, if Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of temporarily closes the Premises as provided above for a result period in excess of any such entry or work.
(b) If 3 consecutive day(s), Tenant as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be personally present entitled to permit an entry into abatement if the Premises when for any reason an entry therein shall repairs, alterations and/or additions to be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including without limitation, a default by Tenant in whole its maintenance and repair obligations under the Lease. Except as otherwise specifically provided in this Article entry by Landlord shall not constitute constructive eviction or in part, or giving rise entitle Tenant to an abatement or reduction of Rent Rent. Notwithstanding the foregoing except in emergency situations as reasonably determined by reason Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of loss or interruption of the business of Tenant in the TenantPremises. However, or otherwise. the foregoing shall not require Landlord to perform work after Normal Business Hours unless Tenant agrees to use reasonable efforts to minimize interference reimburse Landlord for the extra cost incurred in connection with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in if any, which exceeds the case of an emergencycost for such work which would have been incurred had it been performed during Normal Business Hours.
Appears in 1 contract
Sources: Office Lease Agreement (Lecg Corp)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have reserves the right to enter at all reasonable times and upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord 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 if Tenant has not exercised its agents liable therefor right to renew the initial Lease as provided herein, to prospective tenants; (if during such entry Landlord iii) post notices of nonresponsibility; or Landlord’s agent shall accord reasonable care (iv) make repairs to Tenant’s propertythe Premises (to the extent permitted pursuant to the terms of this Lease), and without relieving Tenant of any obligations under this Lease.
(c) Subject or to the requirements set forth Building or the Building’s systems and equipment. Notwithstanding anything to the contrary contained in Section 17(a) abovethis Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; and (B) take possession due to any breach of this Lease in the manner provided herein and in compliance with applicable law. Any such entries shall be performed by Landlord as expeditiously as reasonably possible and in a manner so as to minimize any interference with the conduct of Tenant’s business. Landlord may make any such entries, and may take such reasonable steps as required to accomplish the stated purposes. 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. 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. Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of conducting securing certain valuable property or confidential information. In connection with the foregoing, Landlord shall not enter such inspectionsSecured Areas except in the event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (i) such repair or maintenance is required in order to maintain and repair the Building Structure and/or the Building Systems; (ii) as required by Applicable Law, tests or (iii) in response to specific requests by Tenant and studies as Landlord may deem desirable or necessary in accordance with a schedule reasonably designated by Tenant, subject to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsapproval.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease (THQ Inc)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building. Except in emergencies that threaten injury to property or persons or to provide recurring Building as services, Landlord may deem necessary or desirable. Janitorial shall provide Tenant with no less than 24 hours prior written notice of entry and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize any interference with Tenant’s occupancy use of the Premises Premises. Notwithstanding the foregoing, except in emergency situations as a result of determined by Landlord, Landlord shall exercise reasonable efforts to perform any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts manner that is reasonably designed to minimize interference with the operation of Tenant’s occupancy business in, or Tenant’s access to, the Premises, and if Landlord performs any work in the Premises during Building Service Hours, then Landlord shall use commercially reasonable efforts to schedule such work to minimize interference with the operation of Tenant’s business in, or Tenant’s access to, the Premises, provided that Tenant reasonably cooperates with Landlord’s scheduling efforts. Landlord acknowledges and agrees that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry into the Premises by Landlord; provided, however, that in no event shall the unavailability of such escort at the time that Landlord is permitted to enter the Premises delay Landlord’s entry into the Premises as permitted hereunder. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord may temporarily close all or a portion of the Premises as a result of any such entry or work to perform repairs, alterations and to give Tenant reasonable prior written notice of any such entry or workadditions. However, except in emergencies, Landlord will not close the case Premises if the work can reasonably be completed on weekends and after Building Service Hours. Except as expressly provided in this Lease, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of an emergencyRent.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring its employees and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall will at all times have the right to enter upon the Premises in the event of an emergency, or as reasonably necessary to inspect the same, to supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers and prospective lenders and/or (during the last nine (9) months of the term only) to prospective tenants, to post notices of nonresponsibility, and/or to repair the Premises as permitted or required by this Lease. In exercising such entry rights, Landlord will use commercially reasonable efforts to minimize, as reasonably practicable, the interference with Tenant’s business, and will provide Tenant with reasonable advance notice of any such entry (except in emergency situations). Landlord may, in order to carry out such purposes, erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed. Landlord will at all times have and retain a key with which to unlock all doors in the Premises, excluding Tenant’s vaults and safes. Landlord will have the right to perform janitorial use any and other services, all means which Landlord may reasonably deem proper to conduct safety and other testing open said doors in an emergency in order to obtain entry to the Premises. Any entry to the Premises and obtained by Landlord by any of said means, or otherwise, will not be construed or deemed to make such repairsbe a forcible or unlawful entry into the Premises, alterationsor an eviction of Tenant from the Premises. Landlord will not be liable to Tenant for any damages or losses for any entry by Landlord. Unless caused by the negligence or willful misconduct of Landlord or any Landlord Parties, improvements or additions Landlord, in exercising its rights under this Lease, (i) shall not interfere with access to the Premises or Tenant’s use and enjoyment of the Building as Landlord may deem necessary or desirable. Janitorial Premises and cleaning services all Common Areas, (ii) shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice in no event have access to Tenant (Tenant’s designated secure area except in the case of an emergency, and (iii) shall repair, restore and Landlord agrees redecorate any damage to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result caused by or at the direction of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of exercising such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents and representatives shall have the right to enter upon the Premises at any time in case of an emergency, and subject to 24 hours notice for any purpose permitted pursuant to the terms of this Lease, including, but not limited to, examining the Premises, making repairs, auditing Tenant’s compliance with this Lease, showing the Premises to prospective purchasers, tenants or mortgagees and posting notices of non-responsibility. Except in the event of an emergency, (i) Landlord shall not be permitted to enter secured or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in test areas within the Premises and identified as such by adequate signage, unless Landlord is accompanied by Tenant, its agents or employees or Landlord has received prior written permission from Tenant to make enter such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant areas unaccompanied; (except in the case of an emergencyii) and Landlord agrees to provide Tenant with two (2) business’ days prior written notice of its intent to enter the Premises; (iii) Landlord will use reasonable efforts to minimize interference with disruption to the Tenant and its business and agrees to pay for any actual damage to the Tenant’s occupancy property resulting from such entry; and (iv) all agents of Landlord entering the Premises agree to execute a reasonable confidentiality agreement as a result of any condition to such entry or workentry.
(b) If Landlord shall give Tenant keys for all of the doors for the Premises. Tenant shall not change any existing locks or add any additional locks to any doors for or within the Premises, without the Landlord’s prior written consent and delivery to Landlord of a set of keys for all changed and additional locks. In an emergency, Landlord shall have the right to use any and all means to open the doors to the Premises in order to obtain entry thereto, without liability to Tenant. Any entry to the Premises by Landlord by any of the foregoing means, or otherwise, shall not be personally present construed or deemed to permit an be a forcible or unlawful entry into or a detainer of the Premises, or an eviction, partial eviction or constructive eviction of Tenant from the Premises when for or any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property)portion thereof, and without relieving shall not relieve Tenant of any its obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease Agreement (Spacedev, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s its agents shall have the right to enter the Leased Premises at all reasonable times and upon the Premises reasonable notice (which in the event case of an emergency, non-emergency repairs shall be at least twenty-four (24) hours' prior written notice) for the purpose of examining or to inspect inspecting the Premisessame, to perform supply janitorial services and any other servicesservices to be provided by Landlord or Tenant thereunder, to conduct safety show the same to prospective purchasers of the Building and other testing in the Premises and to make such alterations, repairs, alterations, improvements or additions to the Leased Premises or to the Building of which they are a part as Landlord may deem necessary or desirable. Janitorial Notwithstanding anything to the contrary contained in this Section 22.13, Landlord may enter the Leased Premises at any time, without notice to Tenant, in emergency situations and/or to perform regularly scheduled janitorial and cleaning any other services shall to be performed after Normal Business Hours. Any entry or work provided by Landlord may be pursuant to this Lease. Tenant shall permit Landlord to show the Leased Premises to prospective tenants during Normal Business Hours after reasonable notice to Tenant the last six (except in the case of an emergency6) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy months of the Premises as a result of Lease Term hereof or any such entry or work.
(b) renewal thereof. If Tenant shall not be personally present to open and permit an entry into the Leased Premises at any time when for any reason an such entry therein shall be by Landlord is necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) abovepermitted thereunder, Landlord may enter by means of master key without liability to Tenant except for any failure to exercise due care for Tenant's property, and without affecting this Lease. If, during the Premises for last month of the purpose Lease Term hereof, Tenant shall have removed substantially all of conducting such inspectionsits property from the Leased Premises, tests and studies as Landlord may deem desirable immediately enter and alter, renovate and redecorate the Leased Premises without elimination or necessary abatement of rent or incurring liability to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or Tenant for other purposes necessary any compensation. Notwithstanding anything in Landlord’s this Section 22.13 to the contrary, Landlord shall use commercially reasonable judgment efforts to ensure the sound condition of the Building and the systems serving the Building. Landlord’s exercise its rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as 22.13 in a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize manner which minimizes interference with Tenant’s the use and occupancy of the Leased Premises as a result by Tenant for the conduct of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in Tenant's normal business operations from the case of an emergencyLeased Premises.
Appears in 1 contract
Sources: Office Lease (Matrix Bancorp Inc)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Premises is not materially affected Building or alteredthe Project, including other tenants' premises. Except in emergencies or to provide janitorial service (if Landlord or Landlord’s agents so elects in accordance with Article IX.
A. above) and other regularly scheduled services after Normal Business Hours, Landlord shall have provide Tenant with reasonable prior notice of entry into the right to enter upon the Premises Premises, which may be given orally. In addition, except in the event of an emergency, any such entry by Landlord or its agents, contractors and representatives shall comply with Tenant's reasonable security requirements such as being escorted by a Tenant representative, signing in and obtaining security badges. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to inspect temporarily close all or a portion of the Premises, Premises to perform janitorial repairs, alterations and other servicesadditions. However, to conduct safety and other testing except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord may be during Normal Business Hours after reasonable notice shall not constitute constructive eviction or entitle Tenant to Tenant (an abatement or reduction of Rent. Notwithstanding the foregoing, except in the case of an emergency) and emergency situations as determined by Landlord, Landlord agrees to use shall exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s occupancy of 's business in the Premises. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as provided above for a result period in excess of any such entry or work.
(b) If 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Days of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be personally present entitled to permit an entry into abatement if the Premises when for any reason an entry therein shall repairs, alterations and/or additions to be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of its maintenance and repair obligations under the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyLease.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Except as otherwise expressly provided herein below, Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises at reasonable hours upon at least forty-eight (48) hours advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in the event of its good faith judgment) necessitates an emergencyimmediate entry), or to (a) inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in (b) exhibit the Premises to prospective purchasers, tenants or lenders, (c) post notices of non-responsibility, (d) make any repairs to the Premises, and (e) conduct invasive and non-invasive tests, analysis, investigations and studies of the condition of the Premises provided that such construction activity does not unreasonably interfere with ▇▇▇▇▇▇’s use and occupancy of the Premises; provided that, Landlord shall at all times be accompanied by a representative of Tenant during any entry into the Building by Landlord (or so long as Tenant makes a representative available). Tenant waives all claims for damages for any injury or inconvenience to make such repairsor interference with ▇▇▇▇▇▇’s business, alterations, improvements any loss of occupancy or additions to quiet enjoyment of the Premises or the Building as Landlord may deem necessary or desirable. Janitorial any other loss occasioned by such entry provided that any such entry (and cleaning services any work in connection therewith) shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice concluded as promptly as reasonably practicable and so as to cause as little interference to Tenant (except in as reasonably practicable. In any entrance into the case Premises pursuant to the provisions of an emergency) and this Section 4.5, Landlord agrees to use reasonable efforts to minimize interference shall comply with Tenant’s occupancy reasonable security and confidentiality procedures previously detailed by Tenant to Landlord, except to the extent Landlord or its agents reasonably determine that an emergency makes compliance with such procedures impracticable. Notwithstanding anything to the contrary contained in this Section 4.5, Tenant may designate certain areas of the Premises as a result “Secured Areas” as reasonably required for purposes of any such entry or work.
(b) If Tenant shall not securing certain valuable property and confidential information, including, without limitation, as may be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyrequired by legal Requirements, and Landlord has not, and shall not be deemed have no right whatsoever to have assumed any responsibility to Tenant or any other party for compliance with Laws as enter such Secured Areas unless accompanied by a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction representative of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Subject to erectSection 15(b), use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents Representatives shall have the right to enter upon enter, from time to time, the Premises or any portion thereof during normal business hours (or at such other times as approved by Tenant in the event of an emergencyadvance, which approval shall not be unreasonably withheld or delayed, or as may be reasonably necessary in emergency situations) to (i) inspect the Premises, (ii) exercise its rights and/or obligations under this Lease, or (iii) show the Premises to perform janitorial and other servicesprospective purchasers, lenders or during the last eighteen (18) months of the Term, to conduct safety prospective tenants; and other testing Tenant shall not be entitled to any abatement or reduction of 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 do so as expressed in writing. No such entry shall be deemed an eviction of Tenant. At any time during which Landlord or Landlord’s Representatives are on the Premises, they shall use commercially reasonable efforts to not interrupt or interfere with ▇▇▇▇▇▇’s use of the Premises and shall not cause any damage or injury to make such repairs, alterations, improvements persons or additions to property on the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or workPremises.
(b) If Landlord shall give Tenant prior notification by email to Tenant’s real estate manager (which email address shall not be personally present provided to permit an Landlord by Tenant) at least two (2) business days prior to Landlord’s entry into the Premises pursuant to Section 15, except in emergency situations or when for otherwise consented to by ▇▇▇▇▇▇. 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 reason an prospective purchasers, lenders or tenants who are reasonably determined 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 Landlord, its agents, employees, contractors and invitees shall have no right to enter any vaults or other areas designated or marked by Tenant as “Restricted”, “secure areas” or otherwise without the prior written consent of Tenant, which consent may be withheld in Tenant’s reasonable discretion, and if Tenant’s consent is granted, any such entry therein shall be necessary or permissiblemade only with a representative of Tenant present (except that ▇▇▇▇▇▇’s consent and presence during entry shall not be required in the case of emergencies, in which case reasonable advance notice shall be required, taking into account the type of emergency). In no event shall Tenant be required to provide Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care with access to Tenant’s property), and without relieving Tenant alarm code or keys or other independent means of entry to the Premises or any obligations under this Leaseportion thereof.
(c) Subject Except as otherwise set forth herein, Landlord shall protect, indemnify, defend and hold Tenant, and its successors and assigns, members, managers, partners, shareholders, officers, directors, agents, attorneys, and representatives (collectively, “Tenant Indemnified Parties”) harmless 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 the requirements set forth in Section 17(a) abovemaximum extent permitted by ▇▇▇, 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 Tenant, 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 ▇▇▇▇▇▇▇▇’s entry of the Premises to perform any of its obligations during the Term. In the event any action or proceeding shall be brought against any Tenant Indemnified Party by reason of any such claim (a “Tenant Claim”), Landlord may enter shall defend the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in same at Landlord’s reasonable judgment expense by counsel reasonably satisfactory to ensure 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 sound condition extent Landlord is prejudiced in its defense of such Tenant Claim, the failure of such Tenant Indemnified Party to give such a notice to Landlord shall not limit the rights of such Tenant Indemnified Party or the obligations of Landlord with respect to such Tenant Claim. Landlord shall have the right to reasonably control the defense or settlement of any Tenant Claim, provided, that (1) if the compromise or settlement of any Tenant Claim shall not result in the complete release of the Building Tenant Indemnified Party, the compromise or settlement shall require the prior written approval of the Tenant Indemnified Party, not to be unreasonably withheld, conditioned or delayed and (2) no such compromise or settlement shall include any admission of wrongdoing on the systems serving part of the BuildingTenant Indemnified Party, provided, further, that a Tenant Indemnified Party shall have the right, 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 rights liability under this Section 17 are for Landlord’s own protection only, and Landlord has not, and 15(c) shall not be deemed to have assumed any responsibility to Tenant survive the expiration or any other party for compliance with Laws as a result earlier termination of the exercise or non-exercise of such rightsthis Lease.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Atlantic Union Bankshares Corp)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building or the Project, including other tenants' premises. Notwithstanding the foregoing to the contrary, Landlord shall only be permitted to show the Premises is not materially affected to prospective tenants during the last 6 months of the Term. However, Landlord may show the Premises to prospective buyers, lenders and others at any time during the Term. Except in emergencies or alteredto provide janitorial service (if Landlord so elects in accordance with Article IX.
A. above) and other regularly scheduled services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord or Landlord’s agents shall have the right to enter upon temporarily close all or a portion of the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial repairs, alterations and other servicesadditions which Landlord is required to perform under the Lease. However, to conduct safety and other testing except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any Except in the event of emergencies, any entry or work by Landlord may be during Normal Business Hours after and Landlord's agents shall comply with Tenant's reasonable notice security measures. Entry by Landlord shall not constitute constructive eviction or entitle Tenant to Tenant (an abatement or reduction of Rent. Notwithstanding the foregoing, except in the case of an emergency) and emergency situations as determined by Landlord, Landlord agrees to use shall exercise reasonable efforts to perform any entry into the Premises in a manner that is reasonably designed to minimize interference with the operation of Tenant’s occupancy 's business in the Premises. Notwithstanding the foregoing, Tenant may, at its own expense, provide its own locks to an area within the Premises ("Secured Area"). Tenant need not furnish Landlord with a key but upon the Termination Date, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to do so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of any such a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described cleaning in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencySecured Area.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord, Landlord’s agents, contractors and representatives may enter the Premises to inspect (aor, during the last twelve (12) Tenant shall permit Landlord months of the Lease Term show to erect, use and maintain pipes, ducts, wiring and conduits in and through prospective tenants) the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Premises is not materially affected or alteredProperty, including other tenants’ premises. Landlord or Notwithstanding the foregoing during the Tenant Property Management Period, Landlord’s agents entry will be limited to only periodic inspections to confirm performance by Tenant of its maintenance and property management obligations and, during the last 12 months only, showing the space to prospective tenants. Except in Emergencies or to provide janitorial and other Property services after Normal Business Hours, Landlord shall provide Tenant with a minimum of 48 hours prior notice of entry into the Premises, which may be given orally to the person indicated in Section 1.8 above. If reasonably necessary for the protection and safety of Tenant and its employees, and not during the Tenant Property Management Period, Landlord shall have the right to enter upon temporarily close all or a portion of the Premises in and/or the event of an emergencyPremises ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 18 FEBRUARY 29, or to inspect the Premises, 2008 to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterationsalterations and additions. However, improvements or additions to except in Emergencies, Landlord will not close the Premises or the Building as Landlord may deem necessary or desirable. Janitorial Premises if the work can reasonably be completed on weekends and cleaning services shall be performed after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Any entry or work by Landlord and its agents and employees (including, but not limited to the janitorial company servicing the Premises), shall be conducted in compliance with reasonable confidentiality and security measures which may be during Normal Business Hours after reasonable notice to required by Tenant (except including, but not limited to, an escort by one of Tenant’s employees and execution of confidentiality or nondisclosure agreements reasonably provided by Tenant) in order to protect the case confidentiality and security of an emergency) Tenant’s business and employees, and Landlord agrees acknowledges and accepts that Tenant considers the entire Premises as highly confidential and Landlord would have access to use reasonable efforts to minimize interference with the Premises only if escorted by one of Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant employees. The reservations by Landlord in this Section shall not be personally present construed to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to limit Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm during Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsProperty Management Period.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents its designees shall have the right to enter upon the Premises at all reasonable hours (and in the event of an emergency, or emergencies at all times) (i) to inspect the same, (ii) to make repairs, additions or alterations to the Premises, to perform janitorial the building of which the Premises form a part, or any property owned or controlled by Landlord (and for such purposes erect scaffolding and other servicesnecessary structures where reasonably required by the character of the work to be performed, always providing the entrance to conduct safety and other testing in the Premises shall not be blocked thereby), and (iii) for any lawful purpose. Furthermore, Landlord and its potential and existing lenders, insurers, brokers, purchasers and tenants shall have the right to enter upon the Premises during Tenant’s business hours. If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairsrepairs and complete the same with reasonable dispatch, alterationsLandlord may make or cause such repairs to be made and shall not be responsible to Tenant for any loss or damage that may accrue to its stock or business by reason thereof, improvements and if Landlord makes or additions causes such repairs to be made Tenant agrees that it will forthwith, on demand, pay to Landlord the cost thereof with interest at twelve percent (12%) per annum. If an excavation shall be made or shall be authorized to be made upon the land adjacent to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except building in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of which the Premises as a result of any such entry or work.
(b) If are located, Tenant shall not be personally present permit all necessary persons to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting doing such inspections, tests and studies work as Landlord may shall deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure preserve the sound condition walls of the Building and building in which the systems serving the Building. Landlord’s rights under this Section 17 Premises are for Landlord’s own protection onlylocated from injury or damage, and Landlord has not, and Tenant shall not be deemed to have assumed any responsibility to Tenant claim against Landlord for damages, indemnification or any other party for compliance with Laws as a result diminution or abatement of rent. During the last six (6) months of the exercise or non-exercise of such rights.
(d) Lease Term, Landlord may do any of post “For Lease” signs upon the foregoingPremises. Bay Tech Gross Office Lease Dance Biopharm, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.Inc.
Appears in 1 contract
Sources: Office Lease (Dance Biopharm, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord and Landlord’s Agents to erectenter the Premises at all reasonable times with reasonable notice, use except for emergencies in which case no notice shall be required, to inspect the same and maintain pipesto conduct tests thereon, ductsto post notices of nonresponsibility and “For Sale” signs, wiring to show the Premises to interested parties such as prospective lenders and conduits in purchasers, to make necessary Alterations or repairs, and through the Premises, so long as to discharge Tenant’s useobligations hereunder when Tenant has failed to do so within a reasonable time after written notice from Landlord. Notwithstanding the foregoing, layout or design Landlord and Landlord’s Agents may enter the Premises at any reasonable time within nine (9) months prior to the expiration of the Lease Term, or at any time during the Lease Term hereof if Tenant is in default hereunder, to place upon the Premises is not materially affected or alteredordinary “For Lease” signs and to show the Premises to prospective tenants. Landlord or Landlord’s agents Tenant shall have the right to enter upon the Premises in the event have a representative of an emergency, or Tenant to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry accompany Landlord or Landlord’s agent Agents on the Premises. Any entry by Landlord or any of Landlord’s Agents shall accord reasonable care be accomplished as expeditiously as reasonably possible and in a manner so as to cause as little interference to Tenant as reasonably possible. Landlord shall not access Tenant’s property), and without relieving safes or enter into any areas maintained by Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose safety and security of conducting such inspectionsmonies, tests and studies as Landlord may deem desirable securities, negotiable instruments, confidential documents, information or necessary to confirm files, or similar items, without Tenant’s compliance with all Laws (including Hazardous Materials Laws) prior consent, which consent shall not unreasonably be withheld, delayed or conditioned, except for other purposes necessary emergencies in Landlordwhich case Tenant’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and consent shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsrequired.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease Agreement (Cutera Inc)
ENTRY BY LANDLORD. Upon at least twenty-four (a24) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable hours’ prior notice to Tenant (except in the case of an emergency, where no prior notice shall be required) and Landlord agrees subject to use reasonable efforts to minimize interference with Tenant’s occupancy reasonable security regulations, Tenant shall permit Landlord and Landlord’s agents to enter into and upon the Premises at all reasonable times, and without any rent abatement or reduction or any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, for the following purposes: (i) inspecting and maintaining the Premises; (ii) making repairs, alterations or additions to the Premises; (iii) intentionally omitted; (iv) performing any obligations of Landlord under the Lease including remediation of Hazardous Materials if determined to be the responsibility of Landlord, (v) posting and keeping posted thereon notices of non-responsibility for any construction, alteration or repair thereof, as a result of required or permitted by any such entry Law, and (vi) placing “For Sale” signs, and showing the Premises to Landlord’s existing or work.
(b) If potential successors, purchasers and lenders. Tenant shall not be personally present permit Landlord and ▇▇▇▇▇▇▇▇’s agents, at any time within twelve (12) months prior to permit an entry into the Expiration Date (or at any time during the Lease Term that Tenant is in default, beyond applicable notice and cure periods hereunder), to place upon the Premises “For Lease” signs, and during the last twelve (12) months of the Lease Term, to exhibit the Premises to real estate brokers and prospective tenants at reasonable hours. At any time when for Tenant does not rent all rentable space in the Project, and at any reason an entry therein shall be necessary time within twelve (12) months prior to the Expiration Date (or permissibleat any time during the Lease Term that Tenant is in default, beyond applicable notice and cure periods hereunder) if Tenant does rent all rentable space in the Project, Landlord (or Landlord’s agents)shall have the right to place “For Lease” signs within the exterior Common Area, after attempting including signage for the lease of the portion of 2315 Building which Tenant is not initially leasing pursuant to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease Agreement (Astera Labs, Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Buildings, including other tenants' premises. Entry to the Premises is not materially affected for purposes of showing the Premises to prospective tenants shall be limited to the last twelve (12) months of the Lease term. Except in emergencies or alteredto provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises (except in case of emergency), which may be given orally, but which also must be given in writing at least twenty four (24) hours in advance, and if Tenant so requires, with a representative of Tenant present. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord or Landlord’s agents shall have the right to enter upon temporarily close all or a portion of the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial repairs, alterations and other servicesadditions. However, to conduct safety and other testing except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord may be during Normal Business Hours after reasonable notice shall not constitute constructive eviction or entitle Tenant to Tenant (except in an abatement or reduction of Rent. Notwithstanding the case of an emergency) and foregoing, if Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of temporarily closes the Premises as provided above for a result period in excess of any such entry or work.
three (b3) If consecutive days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rental during the period beginning on the fourth (4th) consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be personally present entitled to permit an entry into abatement if the Premises when for any reason an entry therein shall repairs, alterations and/or additions to be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of its maintenance and repair obligations under the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyLease.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, clean or altered. Landlord or Landlord’s agents shall have the right show to enter upon potential lenders, investors and/or buyers the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building, or, during the last 9 month of the Term of this Lease, to show the Premises to prospective tenants. Except in emergencies (as reasonably determined by Landlord) or to provide Building as services, Landlord may deem necessary or desirable. Janitorial shall provide Tenant with reasonable prior verbal notice of entry and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use commercially reasonable efforts to minimize any interference with Tenant’s occupancy use of the Premises and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises, provided Tenant makes such employee available at the time Landlord or such other party reasonably desires to enter the Premises. Notwithstanding the foregoing, except in emergencies or during any period of Tenant Default, Landlord shall exercise reasonable efforts to perform any entry into the Premises during Building Service Hours. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies (as reasonably determined by Landlord), Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, Tenant, at its own expense, may provide its own locks to all or any portion of the Operations Center within the Premises (the “Secured Area”). Tenant need not furnish Landlord with a key, but upon the Termination Date or earlier expiration or termination of Tenant’s right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of any such a forcible entry or work.
(b) If Tenant by Landlord. Landlord shall not be personally present provide janitorial service and cleaning service in the Secured Area, provided that Tenant’s personnel are available to permit an entry into provide access to the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Secured Area to Landlord’s agents), after attempting to notify Tenant (unless janitorial and cleaning personnel during the regular hours that Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), provides janitorial service and without relieving Tenant of any obligations under this Lease.
(c) Subject cleaning service to the requirements set forth other tenants in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. However, Tenant acknowledges and agrees that Landlord shall have no liability or responsibility whatsoever for not providing janitorial service or cleaning service to the Secured Area if Tenant’s personnel are not so available to provide access or deny access to the Secured Area to Landlord’s rights under this Section 17 are for Landlord’s own protection only, janitorial and cleaning personnel during the regular hours that Landlord has not, provides janitorial service and shall not be deemed cleaning service to have assumed any responsibility to Tenant or any the other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described tenants in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencyBuilding.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord In addition to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s reserved rights set forth in Paragraph 21 below, Landlord and its agents shall will have the right to enter the Leased Premises at all reasonable times from 7:00 a.m. to 6:00 p.m., Monday through Friday excluding holidays, and when accompanied by an employee of Tenant, in such manner as to cause as little disturbance to Tenant as reasonably practicable (a) upon the Premises not less than two business days’ notice in the event absence of an emergency, or emergency in order to inspect the Leased Premises, (b) upon not less than two business days’ notice to perform janitorial show the Leased Premises to prospective purchasers, lenders or ground lessors, (c) upon not less than two business days’ notice to show the Leased Premises to prospective tenants during the last year of the Lease Term (provided Tenant has not exercised an Extension Option), and other services, to conduct safety and other testing (d) in connection with the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work rights reserved by Landlord may be during Normal Business Hours after reasonable notice elsewhere in this Lease. Landlord and its agents will have the right to Tenant (except enter the Leased Premises at any time in the case of an emergency) , in which case Landlord shall notify Tenant thereof as soon as practicable, including as contemplated by the emergency procedures in place between Landlord and Tenant prior to execution of this Lease, as such procedures may be modified from time to time as reasonably agreed between Landlord agrees to use reasonable efforts to minimize interference with and Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) . If Tenant shall is not be personally present to open and permit an entry into the Leased Premises at any time when for any reason an such entry therein shall be by Landlord is necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) abovepermitted hereunder, Landlord may enter the Premises by means of a master key without liability to Tenant, except for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary any failure to confirm exercise due care for Tenant’s compliance with all Laws (including Hazardous Materials Laws) property or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are except for Landlord’s own protection onlygross negligence, and without affecting this Lease. In connection with any such entry, Landlord has will show proper credentials to Tenant’s building security personnel and abide by Tenant’s reasonable security requirements. Such entry will not be construed as a manifestation by the Landlord of an intent to terminate this Lease. Tenant will not, and shall not be deemed without the prior consent of Landlord, change the locks or install additional locks on any entry doors to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsBuilding.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Commercial Lease (Starz)
ENTRY BY LANDLORD. Landlord may enter the Premises at reasonable hours with no less than twenty-four (24) hours advance written notice to Tenant to (a) inspect the Premises; (b) exhibit the Premises to prospective purchasers, or lenders, or within the last nine (9) months of the Term, to tenants; (c) determine whether Tenant is complying with all obligations under this Lease; (d) and 24 hour notice to Tenant to supply janitorial service and any other services to be provided by Landlord under this Lease; (e) post notices of nonresponsibility; and (f) make repairs or perform maintenance required of Landlord by this Lease, make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Building. However, all this work shall permit be done as promptly as reasonably possible and cause as little interference to Tenant as reasonably possible. Subject to Landlord’s undertakings in the previous sentence, Tenant waives any damage claims for inconvenience to or interference with Tenant’s business or loss of occupancy or quiet enjoyment of the Premises caused by Landlord’s entry. At all times Landlord shall have a key with which to erect, use and maintain pipes, ducts, wiring and conduits in and through unlock the doors on the Premises, so long as excluding Tenant’s usevaults, layout or design of the Premises is not materially affected or alteredsafes, and similar areas designated as secure areas in writing by Tenant in advance. In an emergency, Landlord or Landlord’s agents shall have the right to use any means that Landlord deems proper to open Tenant’s doors and enter upon the Premises. Entry to the Premises by Landlord in an emergency shall not be construed as a forcible or unlawful entry, a detainer, or an actual or constructive eviction of Tenant. Notwithstanding the foregoing, Landlord shall provide Tenant with twenty-four (24) hours notice prior to entering the Premises, except in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during providing such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Leasenotice.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Office Lease (Java Detour Inc.)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord and Landlord's Agents, prospective purchasers, lenders, investors, contractors, and within eighteen (18) months prior to erectthe expiration of this Lease, use and maintain pipesprospective tenants, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of to enter the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter at all reasonable times, upon the Premises giving Tenant a 24 hour prior notice, except in the event of an emergencyemergency in which case the 24 hour prior notice is not required: (i) for the purpose of inspecting the same, or to inspect (ii) for the Premisespurpose of maintenance, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to any portion of the Premises or Building, including the Building erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant required, (except in iii) for the case purposes of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with performing any of Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any 's obligations under this Lease.
, or (civ) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition posting notices of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of responsibility for alterations, additions, or repairs. In connection with the foregoing, or undertake any Landlord acknowledges that due to the proprietary and confidential nature of certain portions of the inspection or work described in Premises, Landlord's access pursuant to this Section 14.1 to the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy cGMP classified space and other designated areas of the Premises (which Tenant shall designate in writing delivered to Landlord prior to the Commencement Date) (collectively, the "Classified Space") may be limited such that Landlord may only access the Classified Space when accompanied by certain specified representatives of Tenant and in accordance with Tenant's standard entry procedures for the Premises, provided that so long as a result of any such entry or work and Landlord complies with the foregoing with regard to give the Classified Space, Tenant reasonable shall not otherwise unreasonably deny Landlord access to the Classified Space. Provided Landlord gives Tenant the above 24-hour prior written notice of any such entry or worknotice, except in Tenant shall make available all necessary Tenant representatives so that Landlord may access the case of an emergencyClassified Space as provided above.
Appears in 1 contract
Sources: Lease Agreement (Cel Sci Corp)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erectand its agents, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergencyemergencies in which case no notice is required), to enter the Premises (other than the Manufacturing Facility Clean Room, as hereinafter defined, as provided in the immediately succeeding sentence) at all reasonable hours for the purpose of inspecting, testing, or of making repairs to the same, or otherwise carrying out Landlord's rights or obligations under this Lease, and Landlord agrees to use reasonable efforts show the Premises to minimize interference with Tenant’s occupancy prospective tenants during the year preceding expiration of the Premises Term and to prospective purchasers and mortgagees at all reasonable times. In case of emergency, or if Landlord reasonably suspects that there is any violation of law, rule, ordinance or regulation in connection with the Manufacturing Facility Clean Room, as a result hereinafter defined, or the use and/or operation thereof, Tenant shall permit Landlord and its agents to enter the Manufacturing Facility Clean Room without prior notice after taking reasonable precautions (if appropriate under the circumstances) requested by. Tenant. In the event Landlord requires access to the Manufacturing Facility Clean Room, as hereinafter defined, for the purpose of any such entry making repairs which Landlord is required or work.
(b) If permitted to make under the terms and conditions of this Lease, Tenant shall permit Landlord and its agents, after 72 hours advance written notice, to enter the Manufacturing Facility Clean Room after taking all reasonable precautions which Tenant may require. The phrase Manufacturing Facility Clean Room. shall mean the 25' x 40' class 1.00 clean room facility to be located on the second floor of the Premises. Landlord shall not be personally present liable to permit an entry into the Premises when Tenant for any compensation or reduction of rent by reason an entry therein shall be necessary of inconvenience or permissible, Landlord (annoyance or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering for loss of business arising from Landlord or its agents liable therefor entering the Premises (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of including the Manufacturing Facility Clean Room) for any obligations under purposes authorized in this Lease.
(c) Subject . Notwithstanding Landlord's right to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as or other rights reserved by Landlord may deem desirable or necessary pursuant to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result provision of this Lease, Landlord hereby covenants and agrees in the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry rights not to disclose, photograph or work and otherwise reveal to give Tenant reasonable prior written notice of any party information related to Tenant's business operation at the Premises, including in particular Tenant's manufacturing processes, provided, however, that Landlord may disclose any such entry information to its counsel and as directed by a court of competent jurisdiction or work, except in the case of an emergencyby subpoena.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s its agents shall have the right ----------------- to enter the Leased Premises at all reasonable times upon reasonable notice under the Premises in circumstances for the event purpose of an emergency, examining or to inspect inspecting the Premisessame, to perform supply janitorial services and any other servicesservices to be provided by Landlord or Tenant hereafter, to conduct safety and other testing in the Premises and to make such alterations, repairs, alterations, improvements or additions to the Leased Premises or to the Building of which they are a part as Landlord may deem necessary or desirable. Janitorial Tenant shall permit Landlord to show the Leased Premises to prospective tenants and cleaning services shall be performed after Normal Business Hours. Any entry place "For Lease" signs in, on or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in about the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference Leased Premises or the Property as will not reasonably interfere with Tenant’s occupancy 's use of the Leased Premises, but only within the six (6) months prior to the anticipated termination date of this Lease. Tenant shall permit Landlord to show the Leased Premises to prospective purchasers and place "For Sale" signs on the Leased Premises or in such locations as a result will not reasonably interfere with Tenant's use of any such entry or work.
(b) the Leased Premises. If Tenant shall not be personally present to open and permit an any entry into the Leased Premises at any time when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry by Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) aboveis necessary, Landlord may enter by means of a master key without liability to Tenant, except for Landlord's negligence or willful misconduct, and without affecting this Lease. If, during the Premises for last month of the purpose term or extension thereof, Tenant shall have removed substantially all of conducting such inspectionsits property therefrom, tests and studies as Landlord may deem desirable or necessary to confirm immediately, with Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only's written approval, and Landlord has not, and which shall not be deemed to have assumed any responsibility unreasonably withheld, conditioned or delayed, enter and alter, renovate and redecorate the Leased Premises without elimination or abatement of rent or incurring liability to Tenant or for any other compensation. Landlord's access shall be subject to any security restrictions imposed on the Tenant by any contracts with the United States of America to which Tenant is party for compliance with Laws as a result of and under which Tenant is working on the exercise or non-exercise Property. Tenant shall give notice to Landlord of such rightsrestrictions simultaneously with the execution of this Lease.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit 10.01 Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of may enter the Premises is not materially affected to inspect, show or altered. Landlord or Landlord’s agents shall have the right to enter upon clean the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building. Except in emergencies or to provide Building as services, Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any provide Tenant with reasonable prior notice of entry or work by Landlord (which notice may be during Normal Business Hours after reasonable notice to Tenant (telephonic except in the case of an emergencyscheduled, non-emergency repairs or inspections, in which event written notice will be provided) and Landlord agrees to shall use reasonable efforts to minimize any interference with Tenant’s occupancy 's use of the Premises, including using reasonable efforts to ensure that Landlord's construction activities (including scaffolding) do not block access to the Premises or Tenant's signage. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, if Landlord temporarily closes the Premises as provided above for a result period in excess of any such entry or work.
(b) If 3 consecutive Business Days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive Business Day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be personally present entitled to permit an entry into abatement if the Premises when for any reason an entry therein shall repairs, alterations and/or additions to be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in whole or in partits maintenance and repair obligations under the Lease.
10.02 Notwithstanding the provisions of Section 10.01 above, or giving rise Tenant, at its own expense, may provide its own locks to an abatement area within the Premises such as vaults and data processing rooms ("Secured Area"). Tenant need not furnish Landlord with a key (unless the fire department requires that a key be furnished for the lock box maintained by Landlord for fire department access, in which event Tenant will furnish to Landlord such key or keys as may be so required, which Landlord will retain in the Building's lock box solely for fire department use), but upon the Termination Date or earlier expiration or termination of Rent by reason of loss or interruption of business of the Tenant's right to possession, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant, or otherwiseand Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have such access. Landlord agrees shall comply with all reasonable security measures pertaining to use the Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable efforts to minimize interference with Tenant’s occupancy expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencySecured Area.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as to clean and make repairs to the Premises, and with Tenant’s useconsent, layout not to be unreasonably withheld, to conduct or design facilitate alterations or additions to any portion of the Premises is not materially affected Building, including other tenants’ premises. Except in emergencies or alteredto provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally. Landlord or Landlord’s agents shall have the right to enter upon temporarily close all or a portion of the Premises in the event of an emergency, or to inspect Project (including the Premises, ) to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterationsalterations and additions, improvements or additions to if reasonably necessary for the Premises or protection and safety of Tenant and its employees. Except in emergencies, Landlord will not close the Building as Landlord may deem necessary or desirable. Janitorial Project (including the Premises) if the work can reasonably be completed on weekends and cleaning services shall be performed after Normal Business Hours. Any entry ; provided, however, Landlord is not required to conduct work on weekends or work by Landlord may be during after Normal Business Hours after if such work can be conducted without closing the Project (including the Premises). Entry by Landlord for any such purposes shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent (except as expressly provided in Section 7.B above). Tenant may reasonably designate a certain reasonable notice number of areas within the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Tenant shall deliver to Tenant Landlord a diagram of the Premises, depicting the proposed Secured Areas for Landlord’s approval (which approval will not be unreasonably withheld, conditioned or delayed). Landlord may not enter such Secured Areas except in the case of an emergencyemergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with at least forty-eight (48) and hours prior written notice. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present show the Secured Area to permit an entry into the Premises when for any reason an entry therein shall be necessary a prospective lender, purchaser or permissible, Landlord prospective tenant without forty-eight (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c48) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable hours prior written notice and, at Tenant’s request, without a representative of any Tenant being present. Tenant hereby acknowledges and agrees that Landlord shall have no obligation to perform janitorial services in such entry Secured Areas unless Tenant provides Landlord a written request for same and provides Landlord with access to such Secured Areas (by providing Landlord a key or work, except in the case of an emergencyother device).
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times and upon reasonable prior 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), enter the Premises to (a) inspect the same and to determine whether Tenant shall permit is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to erectprovide hereunder, use and maintain pipes(c) show the Premises to prospective lenders or purchasers, ducts, wiring and conduits in and through or during the Premises, so long as Tenant’s use, layout or design final fifteen (15) months of the Premises is not materially affected Lease term, to prospective tenants, (d) post notices of non-responsibility, and (e) alter, improve or altered. Landlord or Landlord’s agents shall have the right to enter upon repair the Premises in or any other portion of the event of an emergencyReal Property. In connection with any such alteration, improvement or to inspect the Premisesrepair, to perform janitorial and other services, to conduct safety and other testing Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to make be performed. In no event shall such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice entitle Tenant to Tenant (except in the case an abatement of rent, constitute an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole constructive or in partotherwise, or giving rise impose upon Landlord any liability whatsoever, including but not limited to an abatement of Rent by reason of liability for consequential damages or loss or interruption of business or profits by Tenant. Landlord shall use good faith efforts to cause all such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible and shall, in any event, perform any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such procedures would be generally followed by operators of comparable buildings in downtown Oakland (except to the extent an emergency and/or Legal Requirements require otherwise, as determined by Landlord in good faith). Landlord shall at all times retain a key with which to unlock all of the Tenantdoors in the Premises, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with except Tenant’s occupancy of secure rooms or closets, vaults and safes. If an emergency necessitates immediate access to the Premises as a result of (including any secure areas), Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or work and to give unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant reasonable prior written notice of from the Premises, or any such entry or work, except in the case of an emergencyportion thereof.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring Landlord's agents and conduits in and through the Premises, so long as Tenant’s use, layout or design of representatives may enter the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or during business hours to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and ; to make such repairs, alterations, improvements repairs as may be required or additions permitted under this Lease SO LONG AS SUCH REPAIR DOES NOT UNREASONABLY INTERFERE WITH TENANT'S OPERATION; to perform any unperformed obligations of Tenant hereunder FOLLOWING 10 DAYS' NOTICE AND OPPORTUNITY TO CURE; and to show the Premises or to prospective purchasers, mortgagees, ground lessors, and (during the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant last twelve (except in the case of an emergency12) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy months of the Premises as a result Term) tenants, PROVIDED THAT TENANT HAS NOT EXERCISED IT RENEWAL OPTION SET FORTH HEREUNDER. During the last twelve (12) months of any such entry or work.
the Term (b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissibleOR RENEWAL TERM, Landlord (or Landlord’s agentsIF APPLICABLE), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter erect a sign on the Premises indicating that the Premises are available. Tenant shall notify Landlord in writing of its intention to vacate the Promises at least sixty (60) days before Tenant will vacate the Premises; such notice shall specify the date on which Tenant intends to vacate the Premises (the "VACATION DATE"). At least thirty (30) days before the Vacation Date, Tenant shall arrange to meet with Landlord for a joint inspection of the purpose Premises. After such inspection, Landlord shall prepare a list of conducting items that LANDLORD AND Tenant AGREE THAT TENANT must perform before the Vacation Date. If Tenant fails to arrange for such inspectionsinspection, tests and studies as then Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in conduct such inspection and Landlord’s reasonable judgment to ensure the sound condition 's determination of the Building and work Tenant is required to perform before the systems serving Vacation Date shall be conclusive. If Tenant fails to perform such work before the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyVacation Date, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) then Landlord may do any of the foregoing, or undertake any of the inspection or perform) such work described at Tenant's cost. Tenant shall pay all costs incurred by Landlord in the preceding paragraphs without performing such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencywithin ten (10) days after Landlord's request therefor.
Appears in 1 contract
Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
ENTRY BY LANDLORD. Subject to the provisions of this Section 10, Landlord may enter the Premises (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout inspect or design of clean the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises in the event of an emergency, or to inspect perform or facilitate the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such performance of repairs, alterations, improvements alterations or additions to the Premises or any portion of the Building, or (b) during the last 12 months of the Term, to show the Premises to prospective new tenants. Except in emergencies or to provide Building as services, Landlord may deem necessary shall provide Tenant with reasonable prior verbal notice of entry (including, without limitation, notice of the names of the person(s) who will perform such entry and of the affiliation(s) of such person(s) with Landlord or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case any contractor(s) of an emergencyLandlord) and Landlord agrees to shall use reasonable efforts to minimize any interference with Tenant’s occupancy use of the Premises and Tenant shall be entitled to have an employee of Tenant accompany the person(s) entering the Premises, provided that Tenant shall make such employee available at the time Landlord or such other party desires to enter the Premises (provided further that Landlord shall provide Tenant with at least 24 hours’ prior verbal notice before showing the Premises to prospective new tenants). If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Service Hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, except in emergency situations as reasonably determined by Landlord, Landlord shall exercise reasonable efforts not to unreasonably interfere with the conduct of the business of Tenant in the Premises. If, as a result of any such entry or work.
(b) If Tenant shall not be personally present to permit an Landlord’s entry into the Premises when for any reason an entry therein shall be necessary or permissiblepursuant to this Section 10, Landlord (acquires knowledge of any information that constitutes a trade secret of Tenant or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care any information pertaining to Tenant’s property)customers that Tenant is required to keep confidential under applicable privacy Laws, Landlord shall not, with actual knowledge that such information constitutes such a trade secret or is subject to such privacy Laws, intentionally disclose, or intentionally and without relieving Tenant of actively cause its employees or contractors to disclose, such information to any obligations under this Lease.
(c) Subject third parties, except to the requirements set forth in Section 17(a) aboveextent, Landlord may enter the Premises for the purpose of conducting if any, that such inspectionsdisclosure is, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyjudgment, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsrequired by applicable Law.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have reserves the right to enter at all reasonable times and upon the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord reasonable notice (which notice may be during Normal Business Hours after reasonable notice telephonic) to Tenant (except in the case of an emergency, in which event no notice shall be required) to enter the Premises to (i) inspect them; (ii) show the Premises to prospective purchasers, mortgagees, brokers, investors or tenants, or to current or prospective mortgagees, ground or underlying lessors or insurers; (iii) post notices of nonresponsibility; or (iv) alter, improve or repair the Premises or the Building, or for structural alterations, repairs or improvements to the Building or the Building Systems. Landlord shall have the right to install, use and maintain ducts, cabling, pipes and conduits in and through the Premises, provided that (a) such ducts, cabling, pipes and conduits are concealed within or above partitioning columns, walls or ceilings, except that if such ducts, cabling, pipes or conduits are installed in areas that are utility areas (such as storage areas, mailrooms or mud rooms), then such ducts, cabling, pipes or conduits may also be installed on partitioning walls, columns or ceilings, (b) such ducts, cabling, pipes and conduits do not reduce the usable area of the Premises by more than a de minimis amount, and (c) Landlord agrees installs such ducts, cabling, pipes and conduits in a manner that minimizes, to the extent reasonably practicable, any adverse effect on an Alteration theretofore performed in the Premises. Notwithstanding anything to the contrary contained in this Article 27, Landlord may enter the Premises at any time to (A) perform services required of Landlord, including janitorial service; (B) to the extent permitted by applicable Law, take possession due to any breach of this Lease in the manner provided herein; or (C) perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the abatement of Rent and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or 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 to Landlord. 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. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of business operations in connection with any such entry or workby Landlord pursuant to this Article 27.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon no less than forty-eight (48) hours’ prior 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 janitorial or security services), enter the Premises to (a) inspect the same and to determine whether Tenant shall permit Landlord is in compliance with its obligations hereunder, (b) show the Premises to erectprospective lenders, use purchasers and, during the last 12 months of the Term, to prospective tenants, (c) post notices of nonresponsibility, and maintain pipes, ducts, wiring and conduits in and through (d) make repairs or required alterations or improvements to the Premises, so long as Tenant’s use, layout Building or design any other portion of the Premises is not materially affected or alteredas required under this Lease. At Tenant’s option, Tenant may require that an employee of Tenant accompany any such visitors (other than Landlord or Landlord’s agents agents, employees or contractors). Tenant may from time to time upon thirty (30) days’ advance written notice to Landlord designate, as secured areas of the Premises, areas where unusually confidential information is kept. Except in the case of emergency (as determined by Landlord in good faith), Landlord shall have not enter such secured areas unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord during Business Hours upon reasonable advance request (which may be oral) by Landlord. If Tenant shall fail to make such a representative available upon such request, Landlord may enter such secured areas without Tenant’s representative. Landlord shall at all times be provided with a means of entry to the right to enter upon the Premises secured areas in the event of an emergencyemergency or Tenant’s failure to provide a representative as aforesaid. Landlord shall not provide janitorial services to such secured areas unless requested by Tenant, in which case such services will be provided at the normal times janitorial service is supplied to other portions of the Premises. Tenant may elect that a representative accompany the provider of such janitorial services to the secured areas so long as the same does not require rescheduling of such services or hinder, interfere with or delay the performance of the same and is permitted under Landlord’s applicable contracts with the provider of such janitorial services. In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to inspect liability for consequential damages or loss of business or profits by Tenant. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, to perform janitorial except Tenant’s vaults and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to the Premises or the Building as safes. Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable good faith efforts to minimize interference with Tenant’s use and occupancy of the Premises as a result for the ordinary conduct of any such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant business in connection with the exercise of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection onlyParagraph. If an emergency necessitates immediate access to the Premises, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise use whatever force is necessary to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of enter the Premises as a result of and any such entry to the Premises shall not constitute a forcible or work and to give unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant reasonable prior written notice of from the Premises, or any such entry or work, except in the case of an emergencyportion thereof. 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -47- 24. Intentionally Omitted.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Landlord reserves, and shall during normal business hours upon reasonable written notice to Tenant shall permit Landlord and subject to erectTenant's security requirements, use and maintain pipesas herein defined, ducts, wiring and conduits in and through the right to enter the Premises, so long as inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or during the last six months of the term to prospective tenants, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building of which the Premises are a part that Landlord may reasonably deem necessary or desirable; provided, however, that: (i) to the extent any entry upon the Premises materially interferes with the conduct of Tenant’s use, layout or design 's business and Tenant's use of the Premises is for the purposes authorized by this Lease, the Rent shall be equitably abated, and (ii) Landlord shall take all steps reasonably required to minimize interference with Tenant's use of the Premises, including without limitation intended, and by way of example only, whenever feasible, by performing work outside of normal business hours. In connection with any work to be performed by Landlord under this Lease, Landlord may erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not materially affected be blocked thereby. Except for such abatement of Rent, Tenant hereby waives any claim for damages or altered. for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby unless caused by negligence or tortious acts of Landlord or Landlord’s agents 's breach of its obligations under this Section. For each of the aforesaid purposes, Landlord shall, at all times, have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults, safes and files and locked interior rooms, and Landlord shall have the right to enter upon the Premises use any and all means which Landlord may deem proper to open said doors in the event of an emergency, in order to obtain entry to the Premises without liability to Tenant except for the damage resulting from the entry and any failure to exercise due care for Tenant's property. Any such entry to the Premises obtained by Landlord by any of said means, or otherwise shall not, under any circumstances, be construed or deemed to inspect be a forcible or unlawful entry into, or a detainer of, the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises and to make such repairs, alterations, improvements or additions to an eviction of Tenant from the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or workportion thereof.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
Sources: Lease (New Frontier Media Inc)
ENTRY BY LANDLORD. (aA) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring Landlord's agents and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents representatives shall have the right to enter upon the Premises at any time in the event case of an emergency, and at all reasonable times to comply with applicable laws or for any purpose permitted pursuant to inspect the terms of this Lease, including, but not limited to, examining the Premises, to perform janitorial and other services, to conduct ; making such repairs or alterations therein as may be necessary or appropriate in Landlord's judgment for the safety and other testing in preservation thereof; erecting, installing, maintaining, repairing or replacing wires, cables, conduits, vents, ducts, risers, pipes, HVAC equipment or plumbing equipment running in, to, or through the Premises; showing the Premises and to make such repairsprospective purchasers or mortgagees and, alterationsduring the last fifteen (15) months of the Term or, improvements or additions when appropriate, during the last fifteen (15) months of an Option Term, if Tenant has not exercised its right to lease the Premises during the next applicable Option Term, prospective tenants; and posting notices of non-responsibility. Tenant may designate certain areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or the Building as confidential information. Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable notice to Tenant (not enter such Secured Areas except in the case of an emergencyemergency in which case no notice shall be required, or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with two (2) and Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy days' prior written notice of the specific date and time of such Landlord inspection. No keys for any door other than those keys provided by Landlord shall be made. If more than two keys for one lock are desired by Tenant, Landlord shall provide the same upon payment by Tenant of Landlord's actual out-of-pocket cost. Upon termination of this Lease or of Tenant's possession, Tenant shall surrender all keys to the Premises as a result and shall make known to Landlord the explanation of any such entry or workall combination locks on safes, cabinets and vaults.
(bB) If Tenant shall give Landlord a key for all of the doors for the Premises, excluding Tenant's vaults, designated Secured Areas, safes and files. Landlord shall have the right to use any and all means to open the doors to the Premises in an emergency in order to obtain entry thereto without liability to Tenant therefor. Any entry to the Premises by Landlord by any of the foregoing means, or otherwise, shall not be personally present construed or deemed to permit an be a forcible or unlawful entry into or a detainer of the Premises, or an eviction, partial eviction or constructive eviction of Tenant from the Premises when for or any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has notportion thereof, and shall not be deemed to have assumed any responsibility to relieve Tenant or any other party for compliance with Laws as a result of the exercise or non-exercise of such rightsits obligations hereunder.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergency.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant’s use, layout or design of the Premises is not materially affected or altered. Landlord or Landlord’s agents shall have the right to enter upon the Premises at all reasonable times upon reasonable advance notice (which notice may be oral except where written notice is required below), provided that no advance notice need be given if an emergency (as determined by Landlord in the event of its good faith judgment) necessitates an emergency, immediate entry or prior to inspect the Premises, entry to perform provide routine janitorial and other services, to conduct safety and other testing in (i) inspect same, (ii) to show the Premises and (other than the Designated Secure Areas (as defined below)) to make such repairsprospective purchasers, alterations, improvements lenders or additions (during the last 21 months of the term of this Lease unless Tenant has exercised its Option to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Extend) tenants (upon two (2) Business Hours. Any entry or work by Landlord may be during Normal Business Hours after reasonable Days’ prior written notice to Tenant (except in the case of an emergencytouring the Early Expiration Space, in which case no more than one (1) Business Days’ notice shall be necessary), (iii) supply janitorial, engineering and any other service Landlord agrees is required to use reasonable efforts provide hereunder, (iv) access any of Landlord security or other equipment that is located within the Premises (or which requires entry within the Premises to minimize interference with Tenantaccess such equipment) or (v) upon two (2) Business Days’ prior written notice, to perform Renovations (as defined in Section 10.14(c) below). Landlord’s occupancy inspection shall not imply any duty on the part of Landlord to repair any part of the Premises as a result of any Premises, nor shall such entry or work.
(b) If Tenant shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving inspection relieve Tenant of any of its obligations under this Lease.
(c) hereunder. Subject to the requirements set forth of this Section 10.14, Landlord shall be entitled to enter upon the Premises to conduct and prepare all tests (including environmental audits) and surveys reasonably required by Landlord in Section 17(aconnection with Landlord’s ownership, sale or financing of the Property. The reasonable cost of any surveys and tests (including environmental audits) aboveshall be borne by Landlord and shall not be included in Operating Costs. Landlord shall use good faith efforts to cause all entries to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key or cardkey with which to unlock and/or access all of the doors in the Premises. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof. Except in the case of emergency (as determined by Landlord in good faith), Landlord shall not enter the Premises (other than routine janitorial services or engineering related service calls) unless accompanied by a representative of Tenant. Tenant agrees to make such representative available to Landlord at all times upon reasonable advance request by Landlord (which request may be by email notice with a telephone confirmation to ▇▇▇ Houston (telephone number (▇▇▇) ▇▇▇-▇▇▇▇) and any other email address and telephone number that Tenant may provide in a written notice to Landlord but in no event more than two total contact persons). If Tenant shall fail to make such a representative available upon such request, Landlord may enter the Premises for without Tenant’s representative. Landlord shall at all times be provided with a means of entry to all areas within the purpose Premises in the event of conducting an emergency or Tenant’s failure to provide a representative as aforesaid. Tenant may also elect that a representative accompany the provider of janitorial and/or engineering services to the Premises so long as the same does not require rescheduling of such inspectionsservices or hinder, tests interfere with or delay the performance of the same and studies is permitted under Landlord’s applicable contracts with the provider of such service providers. Tenant may require persons providing services to the Premises to sign in, wear identification badges, and to submit to a background check with a vendor selected by Tenant, at Tenant’s cost. In any entrance into the Premises pursuant to the provisions of this Section 10.14, Landlord shall endeavor in good faith to comply with Tenant’s reasonable security procedures previously detailed by Tenant to Landlord, except to the extent Landlord or its agents determine that an emergency makes compliance with such procedures impracticable. Notwithstanding the foregoing, Tenant may from time to time upon thirty (30) days’ advance written notice to Landlord designate, as secured areas of the Premises, areas where unusually confidential information is kept (so long as Landlord in all events has access to its equipment located within any Building) (the “Designated Secured Areas”; the Designated Secured Areas as of the Commencement Date are shown on Exhibit AA attached hereto. Landlord shall not be required to provide janitorial services to any of the Designated Secured Areas unless Tenant grants Landlord such access. With respect to the Designated Secured Areas, the following conditions shall apply: (1) Tenant may deem desirable require Landlord and all other parties to sign in, wear identification badges, be accompanied by an authorized employee or necessary agent of Tenant (except in case of emergency), and to confirm submit to a background check with a vendor selected by Tenant, at Tenant’s compliance with cost; provided, however, current and prospective lenders and investors, prospective purchasers and tenants, and, in each case, their respective agents, shall not be required to submit to a background check, but Landlord or its authorized agent shall at all Laws times accompany any such party in such secured areas; and (including Hazardous Materials Laws2) or for other purposes necessary Tenant and Landlord shall reasonably cooperate in Landlordestablishing emergency entry protocols such that Landlord may enter such Designated Secured Areas in an emergency in such a way as to accommodate, to the extent reasonably practical under the circumstances, Tenant’s reasonable judgment security and confidentiality concerns. Tenant hereby agrees that any entry into the Premises by Landlord pursuant to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and 10.14(a) shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord has not, shall have no responsibility and shall not be deemed to have assumed any responsibility liable to Tenant for any injury to or any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, or giving rise to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy business arising from such entries pursuant to this Section 10.14(a), nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such entry, or for any inconvenience or annoyance occasioned by such entry, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable Legal Requirements for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Any non-public confidential information obtained regarding Tenant’s proprietary business information as a result of any such entry upon the Premises by Landlord or work and a party under Landlord’s control shall be deemed to give Tenant reasonable prior written notice be confidential information subject to the requirements of any such entry or work, except in the case of an emergencySection 10.26 below.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord and its agents or representatives shall have the right (aafter 24 hours prior notice except in an emergency where Landlord shall give Tenant notice reasonable under the circumstances and except that notice shall not be required with respect to the furnishing of janitorial and cleaning service) to enter the Premises to inspect the same, or to show the Premises to prospective purchasers, mortgagees, tenants or insurers, or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the safety, protection or preservation of the Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Building or any other tenants premises. Notwithstanding the foregoing, Tenant may, at its own expense, provide its own locks to an area within the Premises ("Secured Area"). Tenant need not furnish Landlord with a key but upon the Termination Date, Tenant shall permit surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to erect, use and maintain pipes, ducts, wiring and conduits do so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in and through its sole discretion that an emergency in the Building or the Premises, so long as including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant’s use, layout and Tenant shall pay all reasonable expenses incurred by Landlord In repairing or design reconstructing any entrance, corridor, door or other portions of the Premises is not materially affected or altereddamaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or Landlord’s agents cleaning in the Secured Area. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to enter upon temporarily close the Premises to perform repairs, alterations or additions in the Premises, provided that, except in the event of an emergency, or to inspect the Premises, to perform janitorial and other services, to conduct safety and other testing in the Premises emergency and to make the extent possible based upon the nature of the work to be performed, Landlord shall perform all such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial work on weekends and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord may be during Normal Business Hours after reasonable notice to Tenant (except in the case of an emergency) and Landlord agrees to use reasonable efforts to minimize interference accordance with Tenant’s occupancy of the Premises as a result of any such entry or work.
(b) If Tenant this Article XII shall not be personally present to permit an entry into the Premises when for any reason an entry therein shall be necessary or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights under this Section 17 are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws as constitute a result of the exercise or non-exercise of such rights.
(d) Landlord may do any of the foregoing, or undertake any of the inspection or work described in the preceding paragraphs without such action constituting an actual or constructive eviction of Tenant, in whole or in part, entitle Tenant to any abatement or giving rise to an abatement reduction of Rent by reason of loss or interruption of business of the Tenant, or otherwise. Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except in the case of an emergencythereof.
Appears in 1 contract
Sources: Office Lease (Phoenix International Life Sciences Inc)
ENTRY BY LANDLORD. (a) Tenant shall permit Landlord A. Landlord, its agents, contractors and representatives may enter the Premises to erect, use and maintain pipes, ducts, wiring and conduits in and through inspect or show the Premises, so long as Tenant’s useto clean and make repairs, layout alterations or design additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally to the office manager or other person within the Premises is not materially affected or altereddesignated from time to time by Tenant. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord or Landlord’s agents shall have the right to enter upon temporarily close all or a portion of the Premises in the event of an emergency, or to inspect the Premises, to perform janitorial repairs, alterations and other servicesadditions. However, to conduct safety and other testing except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and to make such repairs, alterations, improvements or additions to the Premises or the Building as Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours. Any entry or work Entry by Landlord may be during Normal Business Hours after reasonable notice shall not constitute constructive eviction or entitle Tenant to Tenant (except in an abatement or reduction of Rent. Notwithstanding the case of an emergency) and foregoing, if Landlord agrees to use reasonable efforts to minimize interference with Tenant’s occupancy of temporarily closes the Premises as provided above for a result period in excess of any 3 consecutive days, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the 4th consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. In addition to the foregoing, if Landlord closes the Premises for 90 consecutive day(s) pursuant to this Section (and such entry closure is not due to a casualty, in which case Article XVII shall control with respect to such matter) and such repairs necessitating such closure are not being diligently pursued by Landlord, Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 90 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or work.
(b) If restoration of the Premises, Tenant shall not be personally present entitled to permit an entry into terminate the Premises when for any reason an entry therein Lease but rather Tenant's sole remedy shall be necessary to abat▇ ▇▇▇t as provided above. Tenant, however, shall not be entitled to an abatement or permissible, Landlord (or Landlord’s agents), after attempting to notify Tenant (unless Landlord believes an emergency situation exists), may enter the Premises without rendering Landlord or its agents liable therefor (if during such entry Landlord or Landlord’s agent shall accord reasonable care to Tenant’s property), and without relieving Tenant of any obligations under this Lease.
(c) Subject to the requirements set forth in Section 17(a) above, Landlord may enter the Premises for the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or necessary to confirm Tenant’s compliance with all Laws (including Hazardous Materials Laws) or for other purposes necessary in Landlord’s reasonable judgment to ensure the sound condition of the Building and the systems serving the Building. Landlord’s rights termination right under this Section 17 if the repairs, alterations and/or additions to be performed are for Landlord’s own protection only, and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or any other party for compliance with Laws required as a result of the exercise acts or non-exercise omissions of such rightsTenant, its agents, employees or contractors, including, without limitation, a default by Tenant in its maintenance and repair obligations under the Lease.
(d) Landlord may do any of B. Notwithstanding the foregoing, or undertake any of Tenant, at its own expense, may provide its own locks to an area within the inspection or work Premises to be used by Tenant as its data center, as shown on the plans for the Initial Alterations to be approved by Landlord, as described in EXHIBIT D ("Secured Area"). Tenant shall furnish Landlord with a key to the preceding paragraphs without such action constituting an actual Secured Area and, upon the expiration or constructive eviction earlier termination of Tenantthis Lease, Tenant shall surrender all keys to the Secured Area to Landlord. If Landlord must gain access to the Secured Area in whole or in parta non-emergency situation, or giving rise Landlord shall contact Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to an abatement of Rent by reason of loss or interruption of business of the Tenant, or otherwisedo so. Landlord agrees shall comply with all reasonable security measures pertaining to use reasonable efforts to minimize interference with Tenant’s occupancy of the Premises as a result of any such entry or work and to give Tenant reasonable prior written notice of any such entry or work, except Secured Area. If Landlord determines in its sole discretion that an emergency in the case of an emergencyBuilding or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Area.
Appears in 1 contract