ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable 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 is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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.
Appears in 2 contracts
Samples: Office Lease (Embarcadero Technologies Inc), Office Lease (Critical Path Inc)
ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable advance not less than forty-eight (48) hours prior written notice to Tenant (except no such prior notice shall be required in emergencies) to enter the Premises to: (i) inspect them (provided that no advance notice need entry for this purpose shall be given if an emergency limited to once in a three (as determined by Landlord in its reasonable judgment3) necessitates an immediate entry or prior to entry to provide routine janitorial servicesmonth period), enter the Premises to ; (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or ground or underlying lessors, or, during the last twelve (12) months of the Lease Term, prospective tenants, ; (diii) post notices of nonresponsibility, and ; or (eiv) alter, improve or repair the Premises or any the Building if necessary to comply with current building codes or other portion of applicable laws, or for structural alterations, repairs or improvements to the Real PropertyBuilding, or as Landlord may otherwise reasonably desire or deem necessary. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 23, Landlord may erect enter the Premises at any time, without notice to Tenant, to (A) perform janitorial and other services required of Landlord, (B) take possession due to any breach of this Lease in the Premises or elsewhere manner provided herein and after a judgment of possession is received in any required construction; and (C) perform any covenants of Tenant which Xxxxxx fails to perform. Any such entries shall be without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited Rent and shall include the right to liability for consequential damages or loss of business or profits by Tenanttake such reasonable steps as required to accomplish the stated purposes; provided, however, that Landlord any such entry shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such a manner so as to cause as little interference to Tenant as reasonably possible without incurring additional expensepossible. Except for damages or injuries caused by the gross negligence or willful misconduct of Landlord, its employees, agents and contractors, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Xxxxxx’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Xxxxxxxx’s entry into the Premises. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except excluding Tenant's vaults ’s vaults, safes and safesspecial security areas designated in advance by Tenant. If In an emergency necessitates immediate access emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof.
Appears in 2 contracts
Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, ----------------- and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable 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 is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenderslenders or purchasers or, purchasers or during the final twelve (12) months of the Lease term, to prospective tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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. In any entrance into the Premises pursuant to the provisions of this Xxxxxxxxx 00, Xxxxxxxx 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.
Appears in 2 contracts
Samples: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance one (1) Business Day’ prior notice (provided that notice may be for a shorter period if necessary due to work required by a governmental authority and that no advance such prior notice need shall be given if required in the event of an emergency (as determined or if Landlord is responding to a work order or other request by Landlord in its reasonable judgmentTenant for particular services, or for any previously scheduled provision of services to the Premises) 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 is in compliance with its obligations hereunder, (b) supply janitorial and perform any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or (during the final twelve (12) months of the Lease Term) tenants, (d) post notices of nonresponsibilitynon-responsibility, and (e) alter, improve or repair the Premises (to the extent such work is required or permitted hereunder to be performed by Landlord) or any other portion of the Real PropertyProject. Provided Tenant makes a representative available by the end of the applicable notice period provided for above and excluding any entry in the event of an emergency, Tenant may require that Landlord or any representative of Landlord entering the Premises pursuant to the provisions of this Paragraph 23, be accompanied at all times by a representative of Tenant. Landlord and its agents shall hold all information, data, and materials they view or access while on the Premises in strict confidence and shall not disclose such materials to any third person without Tenant’s prior written consent. All access shall be subject to Tenant’s then security and access protocols and procedures provided such protocols and procedures are reasonable, do not cause Landlord to incur additional expense and allow Landlord to achieve the permitted purpose for the entry into the Premises. Notwithstanding the foregoing, in the event of an actual emergency (i.e., imminent danger to persons or property, as determined by Landlord’s representative in good faith) where it is not possible through reasonable means to coordinate access to the Premises with Tenant, Landlord may make such access without a Tenant representative present but only (i) to the extent necessary (as determined by Landlord’s representative on site in good faith) to address the emergency and (ii) if Landlord uses diligent and good faith to immediately notify Tenant of the access. Under no circumstances may Landlord remove Tenant’s equipment, records, data, or other materials from the Premises without Tenant’s prior written authorization. Landlord shall not be permitted to touch or operate any of Tenant’s computer, telecommunications, and other equipment located in the Premises. Notwithstanding anything to the contrary herein, Landlord shall not be responsible for the conduct of any fire department personnel or similar government personnel that enters the Premises. In connection with any such alteration, improvement or repairrepair performed during Landlord’s entry under this Xxxxxxxxx 00, Landlord Xxxxxxxx may erect in the Premises or elsewhere in the Real Property Project scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Leaseset forth herein to the contrary, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that . 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 without incurring additional expensematerial expense 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 other comparable buildings in San Francisco (except to the extent an emergency and/or Legal Requirements require otherwise, as determined by Landlord in good faith). If work is performed during non-Business Hours, Landlord shall clean up the work area prior to the commencement of the next Business Day. Landlord will use reasonable efforts to provide Tenant with five (5) days prior notice (or, if five (5) days prior notice cannot be given under the circumstances, as much prior notice as reasonably possible under the circumstances) of any action hereunder that will substantially interfere with Tenant’s ability to (i) conduct business in the Premises or the 9th Floor Deck, (ii) gain access to and from the Premises or the 9th Floor Deck, or (iii) use or have access to and egress from the Parking Facility. To the extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then in the course of making any such installation or repair: (x) Landlord shall not reduce Tenant’s usable space, except to a de minimus extent, if the same are not installed behind existing walls or ceilings; (y) Landlord shall box in any of the same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises; and (z) Landlord shall repair all damage caused by the same and restore such area(s) of the Premises to the condition existing immediately prior to such work. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's ’s vaults and safes. 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. Notwithstanding the foregoing, Tenant, at its own expense, may provide its own locks to a reasonably sized area within the Premises (“Secured Area”). Tenant need not furnish Landlord with a key to the Secured Area, but upon the expiration or earlier termination of Tenant’s right to possession to the Premises, Tenant shall surrender all such keys to Landlord. If Landlord requires 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 good faith, that an emergency in the Building or the Premises, including, without limitation, a suspected fire, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. Notwithstanding the foregoing provisions of this Paragraph 23, if any such entry or work by Landlord is (i) necessitated due to reasons (a) within the reasonable control of Landlord or its agents or employees and continues for five (5) or more consecutive Business Days, or (b) outside of Landlord’s reasonable control and continues for thirty (30) or more consecutive days, and during the period of entry or work, all or a substantial part of the Premises are rendered unusable due to such entry or work such that Tenant is unable to, and does not, conduct its business in a material portion of the Premises, then Tenant shall be entitled to an abatement of Monthly Rent and Additional Rent commencing as of the first (1st) day after the expiration of such five (5) Business Day or thirty (30) day period (as applicable) and terminating upon the cessation of such entry or work and the delivery of such Premises to Tenant in broom-clean condition; any such abatement shall be based on the portion of the Premises rendered unusable due to such entry or work. The foregoing provisions shall not apply to any entry or work necessitated due to (i) damage from fire or other casualty which shall be governed by Paragraph 26 or (ii) the negligence or willful misconduct of Tenant or its agents, employees or contractors.
Appears in 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior shall have the right to entry to provide routine janitorial services), enter the Premises to at reasonable hours and after reasonable notice (except in the event of an emergency in which event no notice shall be required) to: (a) inspect the Premises; (b) exhibit the same and to prospective purchasers, lenders or tenants; (c) determine whether Tenant is in compliance complying with all of its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, ; (d) provide any service to be provided by Landlord to Tenant hereunder; (e) post notices of nonresponsibility, non-responsibility and "for sale" and "for lease" signs; and (ef) altermake repairs required of Landlord under the terms hereof or make repairs to any adjoining space or make repairs, improve alterations or repair the Premises or improvements to any other portion of the Real PropertyBuilding or the Project. In connection Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Xxxxxx's business, any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business occupancy or profits quiet enjoyment of the Premises, and any other loss occasioned by Tenant; providedsuch entry, however, provided that Landlord shall Xxxxxxxx takes reasonable steps to minimize the interference with Xxxxxx's 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 without incurring additional expenseand enjoyment of the Premises. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Xxxxxx's vaults, safes and similar areas agreed upon in writing by Xxxxxx and Landlord prior to the Premises, except Tenant's vaults date of execution of this Lease by the parties). Landlord shall have the right to use any and safes. If all means which Landlord may deem appropriate to open such doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such no entry to the Premises obtained by Landlord by any of such means shall not constitute under any circumstance be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, or any portion thereof.
Appears in 2 contracts
Samples: Office Lease (Interwave Communications International LTD), Office Lease (Interwave Communications International LTD)
ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable advance notice to Tenant (provided that no advance notice need be given if of not less than one (1) business day except in the event of an emergency (as determined by Landlord in its reasonable judgmentemergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to to: (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees or tenants, or to the ground lessors; (diii) to post notices of nonresponsibility, and ; or (eiv) alter, improve or repair the Premises or any the Building if necessary to comply with current building codes or other portion of applicable laws, or for structural alterations, repairs or improvements to the Real PropertyBuilding, or as Landlord may otherwise deem necessary. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 22, Landlord may erect in enter the Premises at any time, without notice to Tenant, in emergency situations and/or to perform janitorial or elsewhere in the Real Property scaffolding and other structures reasonably services required for the work of Landlord pursuant to be performed. Except as otherwise expressly provided in this Lease, in no event . Any such entries shall such entry or work entitle Tenant to an be without the abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Xxxxxx’s business, lost profits, any loss of business occupancy or profits by Tenant; providedquiet enjoyment of the Premises, howeverand any other loss occasioned thereby. For each of the above purposes, that 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 without incurring additional expense. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except excluding Tenant's vaults ’s vaults, safes and safesspecial security areas designated in advance by Tenant. If In an emergency necessitates immediate access emergency, Landlord shall have the right to enter without notice and use any means that Landlord may deem proper to open the doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding the foregoing, any entry by Landlord or any portion thereofLandlord’s agents shall not unreasonably interfere with Xxxxxx’s operations more than reasonably necessary, and shall comply with Tenant’s reasonable security measures, including wearing appropriate personal protective equipment (PPE) where required.
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord mayLandlord, at any it agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises to (a) inspect or show the same Premises, to clean and make repairs, alterations or additions to the Premises, and to determine whether Tenant is conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises. Except in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required emergencies or to provide hereundercustomary Building services after 6:00 p.m. weekdays or on weekends, (c) show 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 shall have the right to temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers or tenantsalterations and additions. However, (d) post notices of nonresponsibilityexcept in emergencies, and (e) alter, improve or repair Landlord will not close the Premises if the work can reasonably be completed on weekends and after 6:00 p.m. weekdays or on weekends. Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Landlord agrees that it is solely responsible for the safety and conduct of its agents, contractors, invitees, visitors and representatives (and will carry appropriate insurance therefor) on the Premises and will indemnify and hold harmless Tenant from any other portion actual, out-of-pocket claim, damage, injury, liability, judgment, loss, cost and expense, including reasonable legal fees, costs and expenses arising out of the Real Property. In or in connection with the entry onto the Premises of Landlord, its agents, employees, contractors, invitees, visitors and representatives. The foregoing shall however, in no event, include consequential damages. Landlord shall be responsible for ensuring that the Landlord, its agents, employees, contractors, invitees, visitors and representatives do not touch, tamper with, disturb, inspect or in any such alteration, improvement or repair, Landlord may erect way interfere with Tenant's property except in the Premises or elsewhere in event of an emergency without Tenant's prior consent. Notwithstanding the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Leaseforegoing, in no event shall such entry Landlord, its agents, employees, contractors, visitors, invitees and representatives tamper with, touch, disturb, inspect or in any way interfere with Tenant's work entitle Tenant product, especially tissue material, freezers, instruments, computers and biological material; except in the event of an emergency which could lead to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or imminent loss of business human life or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry significant property damage to the Premises shall not constitute a forcible or unlawful entry into the PremisesBuilding, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofand where no other reasonable alternative is available to Landlord. 13.
Appears in 2 contracts
Samples: Lease Agreement (Kolltan Pharmaceuticals Inc), Lease Agreement (Kolltan Pharmaceuticals Inc)
ENTRY BY LANDLORD. Landlord, and its duly authorized representatives, shall, upon reasonable prior notice (except 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, additions or improvements thereto as may be necessary if Tenant fails to do so as required hereunder (but Landlord shall have no duty whatsoever to make any such inspections, repairs, alterations, additions or improvements except as otherwise provided in Sections 4.1, 7.1 and 7. 2 and Exhibit B), 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. In addition, upon reasonable prior written notice, Landlord and its agents may, at any Landlord’s sole cost and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services)expense, enter the Premises to perform environmental audits, environmental site investigations and environmental site assessments (a“Site Assessments”) inspect in, on, under and at the same and to determine whether Tenant is in compliance with its obligations hereunderPremises, (b) supply janitorial and it being understood that Landlord shall repair any other service Landlord is required to provide hereunder, (c) show damage arising as a result of the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibilitySite Assessments, and (e) alter, improve or repair the Premises or any other portion of the Real Propertysuch Site Assessments. In connection with any such alteration, improvement or repairthe exercise of the foregoing rights of access, Landlord may erect shall permit a representative or agent of Tenant to accompany Landlord in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall connection with such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantinto the Premises; provided, however, that in the case of emergency 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 will notify Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in need for such access so that a representative or agent of Tenant may accompany Landlord if such representative or agent of Tenant is available within a reasonable time frame taking into account the Premises, except Tenant's vaults circumstances and safes. 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 context of the Premises, or an eviction of Tenant from the Premises, or any portion thereofemergency situation.
Appears in 2 contracts
Samples: Lease Agreement (Decibel Therapeutics, Inc.), Lease Agreement (Decibel Therapeutics, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to (a) Subject to Section 15(b), Landlord or Landlord’s Representatives shall have the right to 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 advance, which approval shall not be unreasonably withheld or delayed, or as may be reasonably necessary in emergency situations) to (i) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderPremises, (bii) supply janitorial and any other service Landlord is required to provide hereunderexercise its rights and/or obligations under this Lease, or (ciii) show the Premises to prospective lenderspurchasers, purchasers lenders or tenants, during the last eighteen (d18) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion months of the Real Property. In connection with Term, to prospective tenants; and Tenant shall not be entitled to any such alterationabatement or reduction of Base Rent by reason thereof, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event nor shall such entry or work entitle Tenant action by Landlord constitute an actual or constructive eviction or repossession, without Landlord’s express intention to an abatement of rent, constitute 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, constructive they shall use commercially reasonable efforts to not interrupt or otherwiseinterfere with Xxxxxx’s use of the Premises and shall not cause any damage or injury to persons or property on the Premises.
(b) Landlord shall give Tenant prior notification by email to Tenant’s real estate manager (which email address shall be provided to 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 impose when otherwise consented to by Xxxxxx. Landlord’s Representatives shall provide proper identification upon Landlord any liability whatsoeverrequest while on the Premises. All parties, including including, but not limited to liability for consequential damages to, Landlord, prospective purchasers, lenders or loss tenants, may, at Tenant’s election, be accompanied by an employee of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain while within the Premises. If Landlord intends to show the Premises to any prospective purchasers, lenders or tenants who are reasonably determined to be a key 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 shall be made only with which to unlock all a representative of the doors Tenant present (except that Xxxxxx’s consent and presence during entry shall not be required in the Premisescase of emergencies, except Tenant's vaults and safesin which case reasonable advance notice shall be required, taking into account the type of emergency). If an emergency necessitates immediate In no event shall Tenant be required to provide Landlord with access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such Tenant’s alarm code or keys or other independent means of 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.
(c) 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 maximum extent permitted by Xxx, 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 Xxxxxxxx’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 shall defend the same at Landlord’s expense by counsel reasonably satisfactory to Tenant. If at any time a Tenant Indemnified Party shall have received written notice of or shall otherwise be aware of any Tenant Claim which is subject to indemnity under this Section 15(c), such Tenant Indemnified Party shall give reasonably prompt written notice of such Tenant Claim to Landlord; provided, that, except to the extent 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 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 part of the Tenant 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 liability under this Section 15(c) shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Atlantic Union Bankshares Corp)
ENTRY BY LANDLORD. 27.1 Landlord may, and its designees may enter the Demised Premises at any and all reasonable times, hours and upon reasonable advance prior notice (provided that no advance notice need be given if except in the event of an emergency (as determined by Landlord in its reasonable judgment) necessitates or an immediate entry or prior to entry to provide routine perform janitorial services), enter the Premises ) to (a) inspect the same, (b) exhibit the same to prospective purchasers, lenders or tenants (provided that (i) any such entry shall be done in a manner which does not materially interfere with Tenant’s use of the Demised Premises, and (ii) Landlord shall only be permitted to show the Demised Premises to prospective Tenants during the one hundred eighty (180) days preceding the Expiration Date), (c) determine whether Tenant is in compliance complying with all of its obligations hereunder, (bd) supply janitorial service and any other service services to be provided by Landlord is required to provide Tenant hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (de) post notices of nonresponsibility, and (ef) altermake repairs to the Demised Premises, improve to any adjoining space or repair the Premises or to any other portion of the Real Property. In connection with any such alterationBuilding, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such work to shall be done in such a manner as to cause as little interference to Tenant promptly as reasonably possible without incurring additional expense. and in a manner so as to minimize any interference with Xxxxxx’s operations in the Demised Premises.
27.2 Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, except Demised Premises (excluding Tenant's vaults vaults, safes and safes. If an emergency necessitates immediate access similar areas designated in writing by Tenant in advance); and Landlord shall have the right to the Premises, use any and all means which Landlord may use whatever force is necessary reasonably deem proper to enter the Premises and open said doors in any such emergency in order to obtain entry to the Demised Premises, and any entry to the Demised Premises obtained by Landlord by any of said means shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Demised Premises or an eviction eviction, actual or constructive, of Tenant from the Demised Premises, or any portion thereof.
Appears in 1 contract
ENTRY BY LANDLORD. (a) Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior reserves the right to entry to provide routine janitorial services), enter the Premises at any reasonable time to (a) inspect the same and Premises, to determine whether provide any services which Landlord is obligated to provide to Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show submit the Premises to prospective purchasers, lenders, purchasers or tenants, (d) to post notices of non-responsibility, and to alter, improve, maintain or repair the Premises, all without abatement of rent. Except in cases of emergencies and for purposes of posting notices of nonresponsibility, and (e) alter, improve or repair Landlord shall provide Tenant with reasonable prior telephone notice of each such entry prior to entering the Premises or any other portion of the Real PropertyPremises. In connection with any such alteration, improvement or repair, 27 Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other necessary structures where reasonably required for by the character of the work to be performed, but shall not block the entrance to the Premises nor unreasonably interfere with Tenant's business, except as reasonably required for the particular activities of Landlord. Except Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, nuisance, interference with quiet enjoyment, or other damage arising out of Landlord's entry on the Premises as otherwise expressly provided in this Leaseparagraph, except damage, if any, resulting from the negligence of Landlord or its authorized representatives, provided that Landlord in no event shall any such entry or work entitle Tenant to an abatement of rent, constitute an eviction of shall minimize interference with Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 's business.
(b) 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in into, within and about the Premises, except excluding Tenant's vaults vaults, safes and safesfiles. If In an emergency necessitates immediate access emergency, Landlord shall have the right to use any means which Landlord deems reasonably necessary to obtain entry to the PremisesPremises without liability to Tenant, Landlord may use whatever force is necessary except for any failure to enter the Premises and any exercise due care regarding Tenant's property. Any such entry to the Premises by Landlord shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, a or detainer of the Premises, or an eviction of Tenant from the Premises, all or any portion thereofof the Premises.
Appears in 1 contract
Samples: Office Lease (Odwalla Inc)
ENTRY BY LANDLORD. Tenant shall permit Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior Landlord’s Agents to entry to provide routine janitorial services), enter the Premises at all reasonable times with reasonable notice, except for emergencies in which case no notice shall be required, to (a) inspect the same and to determine whether conduct tests thereon, to post notices of nonresponsibility and “For Sale” signs, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or repairs, and to discharge Tenant’s obligations hereunder when Tenant has failed to do so within a reasonable time after written notice from Landlord. Notwithstanding the foregoing, 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 compliance with its obligations default hereunder, (b) supply janitorial to place upon the Premises ordinary “For Lease” signs and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers tenants. Tenant shall have the right to have a representative of Tenant to accompany Landlord or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair Landlord’s Agents on the Premises Premises. Any entry by Landlord or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect Landlord’s Agents shall be accomplished as expeditiously as reasonably possible and in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such work to be done in such a manner so as to cause as little interference to Tenant as reasonably possible without incurring additional expensepossible. Landlord shall at all times retain a key with not access Tenant’s safes or enter into any areas maintained by Tenant for the safety and security of monies, securities, negotiable instruments, confidential documents, information or files, or similar items, without Tenant’s prior consent, which to unlock all of the doors in the Premisesconsent shall not unreasonably be withheld, delayed or conditioned, except for emergencies in which case Tenant's vaults and safes. 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 ’s consent 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 thereofbe required.
Appears in 1 contract
Samples: Lease Agreement (Cutera Inc)
ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises as reasonably necessary to inspect or show the Premises, to clean and make repairs, alterations or additions to the Premises (a) inspect to the same extent a Landlord right or obligation under this Lease), and to determine whether Tenant is conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises (to the extent permitted under this Lease). Except in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required emergencies or to provide hereunderjanitorial, if any, 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 necessary for the protection and safety of Tenant and its employees, upon 48 hours prior notice (c) show or immediately in the event of an emergency), Landlord shall have the right to temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers or tenantsalterations and additions, (d) post notices of nonresponsibilitybut it shall diligently pursue any such repair and immediately open such closed Premises upon final repair. However, and (e) alterexcept in emergencies, improve or repair Landlord will not close the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for if the work to can reasonably be performedcompleted on weekends and after Normal Business Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute constructive eviction or work entitle Tenant to an abatement or reduction of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantRent; provided, however, that Landlord shall use good faith efforts not unreasonably interfere with Tenant's operations at the Premises. If as a result of Landlord's entry Tenant is unable to cause all such work to be done in such occupy 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 with which to unlock all material portion of the doors Premises for a period in excess of three (3) consecutive days after notice, then Tenant shall be entitled to receive an abatement of Rent payable hereunder prorated based upon the Premises, except Tenant's vaults and safespercentage of the Premises rendered untenantable until the Premises are again tenantable. If an emergency necessitates immediate access Notwithstanding anything to the Premisescontrary in this Lease, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer whether by Landlord or any third parties, shall be subject to Tenant's security requirements (which security requirements shall be no more burdensome than Tenant's security requirements for other third party visitors or for Tenant's other buildings in the vicinity of the Property), and must be coordinated with Tenant's security personnel upon reasonable prior notice. Tenant shall provide Landlord access to the Premises for the purposes stated in this Section XI within a reasonable period after notice from Landlord if Landlord has complied with all of the security requirements to be complied with on its part. Further, Tenant may designate limited areas of the Premises as "Secured Areas"; provided that Tenant shall reasonably provide a Tenant's representative to accompany any Landlord representative requiring access to the Secured Areas upon reasonable notice. In connection with the foregoing, Landlord shall not otherwise enter such Secured Areas except in the event of an emergency. Tenant shall have the right to install a key-card security system. In the event Tenant does not provide Landlord access to the Premises in breach of its obligations hereunder, Tenant shall promptly reimburse Landlord for all actual, out-of-pocket costs incurred by Landlord in the performance of its obligations under this Lease resulting from Landlord's inability to access the Premises. Landlord’s current property manager is Xxxxx Xxxxxxx of Xxxxxx Realty Advisers ("Property Manager"). Tenant shall provide Property Manager with one key or key-card to the Premises to be used only in the event of emergencies, and then only for the purpose of the emergency. Landlord shall indemnify Tenant for any losses or an eviction of Tenant liabilities resulting from the Premisesimproper use of the key or key card. Landlord shall give Tenant notice as soon as reasonably practical before or after any emergency entry. In the event that Landlord changes property managers, Landlord shall cause its current Property Manager to promptly return the key or any portion thereofkey-card to Tenant, and such key or key-card will not be given to the new property manager until such person is approved by Tenant in writing, such approval not to be unreasonably withheld, based on its security requirements.
Appears in 1 contract
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises as reasonably necessary to inspect or show the Premises, to clean and make repairs, alterations or additions to the Premises (a) inspect to the same extent a Landlord right or obligation under this Lease), and to determine whether Tenant is conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises (to the extent permitted under this Lease). Except in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required emergencies or to provide hereunderjanitorial, if any, 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 necessary for the protection and safety of Tenant and its employees, upon 48 hours prior notice (c) show or immediately in the event of an emergency), Landlord shall have the right to temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers or tenantsalterations and additions, (d) post notices of nonresponsibilitybut it shall diligently pursue any such repair and immediately open such closed Premises upon final repair. However, and (e) alterexcept in emergencies, improve or repair Landlord will not close the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for if the work to can reasonably be performedcompleted on weekends and after Normal Business Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute constructive eviction or work entitle Tenant to an abatement or reduction of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantRent; provided, however, that Landlord shall use good faith efforts not unreasonably interfere with Tenant's operations at the Premises. If as a result of Landlord's entry Tenant is unable to cause all such work to be done in such occupy 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 with which to unlock all material portion of the doors Premises for a period in excess of three (3) consecutive days after notice, then Tenant shall be entitled to receive an abatement of Rent payable hereunder prorated based upon the Premises, except Tenant's vaults and safespercentage of the Premises rendered untenantable until the Premises are again tenantable. If an emergency necessitates immediate access Notwithstanding anything to the Premisescontrary in this Lease, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer whether by Landlord or any third parties, shall be subject to Tenant's security requirements (which security requirements shall be no more burdensome than Tenant's security requirements for other third party visitors or for Tenant's other buildings in the vicinity of the Property), and must be coordinated with Tenant's security personnel upon reasonable prior notice. Tenant shall provide Landlord access to the Premises for the purposes stated in this Section XI within a reasonable period after notice from Landlord if Landlord has complied with all of the security requirements to be complied with on its part. Further, Tenant may designate limited areas of the Premises as "Secured Areas"; provided that Tenant shall reasonably provide a Tenant's representative to accompany any Landlord representative requiring access to the Secured Areas upon reasonable notice. In connection with the foregoing, Landlord shall not otherwise enter such Secured Areas except in the event of an emergency. Tenant shall have the right to install a key-card security system. In the event Tenant does not provide Landlord access to the Premises in breach of its obligations hereunder, Tenant shall promptly reimburse Landlord for all actual, out-of-pocket costs incurred by Landlord in the performance of its obligations under this Lease resulting from Landlord's inability to access the Premises. Landlord's current property manager is Xxxxx Xxxxxxx of Xxxxxx Realty Advisers ("Property Manager"). Tenant shall provide Property Manager with one key or key-card to the Premises to be used only in the event of emergencies, and then only for the purpose of the emergency. Landlord shall indemnify Tenant for any losses or an eviction of Tenant liabilities resulting from the Premisesimproper use of the key or key-card. Landlord shall give Tenant notice as soon as reasonably practical before or after any emergency entry. In the event that Landlord changes property managers, Landlord shall cause its current Property Manager to promptly return the key or any portion thereofkey-card to Tenant, and such key or key-card will not be given to the new property manager until such person is approved by Tenant in writing, such approval not to be unreasonably withheld, based on its security requirements.
Appears in 1 contract
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to (a) inspect Notwithstanding anything else to the same contrary, Landlord and its Affiliates will have the right to determine whether Tenant use any means necessary to enter the Remaining Premises if Landlord believes there is an emergency or that entry is necessary to prevent damage or injury or protect health, safety or property, and in compliance with its obligations hereunder, (b) supply janitorial and any other service such event Landlord is will be required to give only such notice (if any) that it in good faith believes is feasible under the circumstances and need not wait to be accompanied by Tenant or its employees or representatives (although these parties may still accompany Landlord if they are available and wish to do so). Otherwise Landlord and its Affiliates (and representatives of the WSI Tenant or future tenants and their respective Affiliates, if accompanied by a representative of Landlord or its Affiliates or if otherwise approved for entry by Tenant) will have the right to enter the Remaining Premises only on at least twenty four (24) hours' prior notice. Tenant may if it wishes provide hereunder, a representative to accompany Landlord or its Affiliates (cand such other parties) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibilityduring such an entry, and (e) alter, improve or repair in such cases those parties will comply with legitimate security procedures of Tenant provided that they do not unreasonably interfere with the Premises or any other portion exercise of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in Landlord's rights under this Lease, in no event shall such entry . Landlord will retain (or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits be given by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which ) keys to unlock all of the doors in to or within the Remaining Premises, except excluding doors to Tenant's vaults and safesfiles. If an emergency necessitates immediate access Entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and the exercise of Landlord's rights will not, under any such entry circumstances, be deemed to the Premises shall not constitute be a default, a forcible or unlawful entry into the Premises, or a detainer of the Premises, Remaining Premises or an eviction of Tenant from the Premises, Remaining Premises or any portion thereof, nor will it subject Landlord to any Liabilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies. Tenant will not responsible for any Liabilities directly resulting from the entry into the Remaining Premises by Landlord or such other parties, except to the extent that such Liabilities result from Tenant's default under this Lease or the negligence or willful misconduct of Tenant or its Affiliates."
3.20 Sections 24.18(bx) and 24.18(bxx) of the Lease are amended to replace "CMGI, Inc." with "Atlantic Investors LLC".
3.21 Article 25 of the Lease is amended by adding the following at the end: "Without limiting the generality of the foregoing, Tenant will be solely responsible for complying with all applicable Laws in connection with the existing chillers and their replacements and associated Systems and Equipment, and the diesel fuel, the diesel holding tanks, the backup generators and the rest of the Backup Power System."
Appears in 1 contract
Samples: Lease (Navisite Inc)
ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) or show the Premises Premises, to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibilityclean and make repairs to the Premises, and (e) alterwith Tenant’s consent, improve not to be unreasonably withheld, to conduct or repair the Premises facilitate alterations or additions to any other portion of the Real PropertyBuilding, including other tenants’ premises. In connection 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. Landlord shall have the right to temporarily close all or a portion of the Project (including 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 Project (including the Premises) if the work can reasonably be completed on weekends and after Normal Business Hours; provided, however, Landlord is not required to conduct work on weekends or after Normal Business Hours if such work can be conducted without closing the Project (including the Premises). Entry by Landlord for any such alteration, improvement purposes shall not constitute a constructive eviction or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement or reduction of rent, constitute an eviction Rent (except as expressly provided in Section 7.B above). Tenant may reasonably designate a certain reasonable number of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter areas within the Premises and any as “Secured Areas” should Tenant require such entry areas for the purpose of securing certain valuable property or confidential information. Tenant shall deliver to the Premises shall not constitute Landlord a forcible or unlawful entry into the Premises, a detainer 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 eviction emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with at least forty-eight (48) hours prior written notice. Landlord shall not show the Secured Area to a prospective lender, purchaser or prospective tenant without forty-eight (48) hours prior written notice and, at Tenant’s request, without a representative of Tenant from the Premises, being present. Tenant hereby acknowledges and agrees that Landlord shall have no obligation to perform janitorial services in such 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 any portion thereofother device).
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable 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 is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantXxxxxx; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except TenantXxxxxx's vaults and safes. 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.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
ENTRY BY LANDLORD. 13.1 Landlord may, and its authorized representatives shall have the right to enter the Premises at all reasonable times during normal business hours and at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if time in case of an emergency (as determined by Landlord in its reasonable judgmenti) 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 the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to maintain or to make any repair or restoration to the Building that Landlord has the right or obligation to perform, (iii) to install any meters or other equipment which Landlord may have the right to install, (iv) to serve, post or keep posted any notices required or allowed under the provisions of this Lease, (v) to post "for sale" signs at any time during the term, and to post "for rent" or "for lease" signs during the last three (3) months of the term or during any period while Tenant is in compliance with its obligations hereunderdefault, (bvi) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lendersbrokers, purchasers or agents, buyers, tenants, or persons interested in an exchange, (dvii) post notices to shore the foundations, footings, and xxxxx of nonresponsibilitythe Building and to erect scaffolding and protective barricades around and about the Building or the Premises, but not so as to prevent entry into the Premises, and (eviii) alter, improve to do any other act or repair thing necessary for the safety or preservation of the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expenseBuilding. Landlord shall have the right at all times to have and retain a key with which to unlock all of doors in, upon and about the doors in the Premises, except Premises excluding Tenant's vaults and safes. If an emergency necessitates immediate access , and Landlord shall have the right to the Premises, use any and all means which Landlord may use whatever force is necessary deem proper to enter the Premises gain entry in an emergency, and any such entry to the Premises obtained by Landlord in accordance with the foregoing shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. Except to the extent caused by the negligence or willful misconduct of Landlord, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business and any loss of occupancy or quiet enjoyment of the Premises by reason of Landlord's exercise of its rights of entry in accordance with this Article 13. Tenant shall not be entitled to an abatement or reduction of Rent or Expenses in connection with any such entry.
Appears in 1 contract
Samples: Office Lease (Doubletwist Inc)
ENTRY BY LANDLORD. 10.01 Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), may enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderinspect, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show or clean the Premises or to prospective lendersperform or facilitate the performance of repairs, purchasers alterations or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair additions to the Premises or any other portion of the Real PropertyBuilding. In connection Except in emergencies or to provide Building services (including, without limitation, routine repair, maintenance and servicing of Building systems and plumbing lines and fixtures), Landlord shall provide Tenant with reasonable prior oral notice of entry (provided, however, that from and after Landlord’s receipt of written notice from Tenant of an e-mail address to which Landlord may deliver such notice of entry, such notice of entry shall be made by e-mail to such e-mail address or such other e-mail address as Tenant may designate by written notice to Landlord from time to time) and shall use reasonable efforts to minimize any such alterationinterference with Tenant’s use of the Premises. If reasonably necessary, improvement or repairand after reasonable prior e-mail notice (as provided above in this Section 10) to Tenant (except in an emergency), Landlord may erect in temporarily close all or a portion of the Premises or elsewhere to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Real Property scaffolding and other structures reasonably required for Premises if the work to can reasonably be performedcompleted on weekends and after Building Service Hours. Except Entry by Landlord shall not constitute a constructive eviction or, except as otherwise expressly provided in this LeaseSections 10.02 and 10.03 below, in no event shall such entry or work entitle Tenant to an abatement or reduction of rentRent.
10.02 Notwithstanding Section 10.01 above, constitute an eviction if (a) any entry into the Premises by Landlord pursuant to Section 10.01 above (i) is not made necessary by the acts or omissions of TenantTenant or any Tenant Related Party (defined in Section 13 below) (including, constructive without limitation, any breach by Tenant of its obligations under this Lease) or otherwiseby damage caused by any Casualty (defined in Section 16 below) or any Taking (defined in Section 17 below), and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than 3 consecutive Business Days, or impose upon (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than 30 consecutive Business Days; and (b) during the period of, and as a result of, such entry, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement of Base Rent beginning on the first Business Day immediately following the expiration of such 3 or 30 Business Day period, as applicable, and ending on the earlier to occur of the date on which such entry terminates or the date on which the Premises (or such portion thereof) becomes useable by Tenant for the conduct of its business, which abatement shall be based on the rentable square footage of the portion of the Premises so rendered unusable. Except to the extent expressly provided in the preceding sentence, Landlord shall not be liable in any liability whatsoevermanner for any inconvenience, including but not limited to liability for consequential damages or loss of business or profits by other damage to Tenant; provided, however, that 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 and Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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 be entitled to an abatement or unlawful reduction of Rent, arising out of Landlord’s entry into the Premises, a detainer Premises in accordance with Section 10.01 above.
10.03 If any closure of the Premises, or an eviction of Tenant from the Premises, Premises (or any portion thereof) by Landlord pursuant to Section 10.01 above (a) is not made necessary by the acts or omissions of Tenant or any Tenant Related Party (defined in Section 13 below) (including, without limitation, any breach by Tenant of its obligations under this Lease) or by damage caused by any Casualty (defined in Section 16 below) or any Taking (defined in Section 17 below), and (b) either (i) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than 3 consecutive Business Days, or (ii) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than 30 consecutive Business Days, then Tenant shall be entitled to an abatement of Base Rent beginning on the first Business Day immediately following the expiration of such 3 or 30 Business Day period, as applicable, and ending on the date on which such closure terminates. Except to the extent expressly provided in the preceding sentence, Landlord shall not be liable in any manner for any inconvenience, loss of business or other damage to Tenant, and Tenant shall not be entitled to an abatement or reduction of Rent, arising out of Landlord’s closure of the Premises (or any portion thereof) in accordance with Section 10.01 above.
Appears in 1 contract
Samples: Office Lease Agreement (Safeco Corp)
ENTRY BY LANDLORD. 13.1 Landlord mayand its agents shall have the right to enter the Premises escorted by an employee or representative of Tenant, at any and all reasonable times, and upon reasonable advance prior verbal notice (provided that no advance notice need be given if an emergency (to Tenant as determined by Landlord in its reasonable judgment) necessitates an immediate entry set forth below for the purpose of examining or prior to entry to provide routine janitorial services)inspecting the same, enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service services to be provided by Landlord is required to provide Tenant hereunder, (c) to show the Premises same to prospective bona fide purchasers, lenders, purchasers investors or tenantstenants of the Building (collectively, (d) post notices of nonresponsibility“Prospect Visits”), and (e) alterto make such alterations, improve repairs, improvements or repair additions, whether structural or otherwise, to the Premises or any other portion of to the Real Property. In connection with any such alteration, improvement or repair, Building as Landlord may erect in the Premises deem necessary or elsewhere in the Real Property scaffolding desirable. Tenant shall reasonably cooperate with Landlord to permit such access and other structures reasonably required provide an escort. Notices for the work to entry shall be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant given to an abatement of rent, constitute an eviction officer or supervisor of Tenant, constructive or otherwiseas set forth on a written list delivered by Tenant to Landlord. Notwithstanding the above, or impose upon Landlord any liability whatsoever, including shall have the right (but not limited the obligation) to liability enter unescorted and without notice for consequential damages or loss of business or profits janitorial services (if not supplied by Tenant; provided, however, ) or if Landlord reasonably believes that there exists an emergency. Landlord may enter by means of a master key without liability to Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Landlord shall use good faith reasonable efforts to cause all give Tenant not less than 48 hours prior notice of Prospect Visits and will coordinate such work to be done in such a manner entry with Tenant so as to cause as little interference not interfere with any of Tenant’s film production including delaying or scheduling of such visits after business hours if reasonably requested by Tenant. If such Prospect Visits exceed ten (10) per calendar year then Landlord will pay to Tenant as reasonably possible without incurring for each additional expense. Landlord shall at all times retain visit during such calendar year a key with which visitation fee equal to unlock all $50.00 per hour for each additional Prospect Visit during the applicable calendar year, prorata for any partial hour of the doors in the Premises, except Tenant's vaults and safes. 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 thereofvisitation.
Appears in 1 contract
Samples: Office Lease (Gaiam Inc)
ENTRY BY LANDLORD. Subject to Tenant's reasonable security arrangements, Landlord may, reserves the right at any and all reasonable times, times and upon reasonable advance prior Notice (which Notice shall (except in cases of emergency in which case no Notice shall be required) be at least forty-eight (48) hours' prior written notice with respect to items (provided that no advance iii) and (iv) below and may be forty-eight (48) hours' prior oral notice need be given if an emergency to Tenant's office manager with respect to items (as determined by Landlord in its reasonable judgmenti) necessitates an immediate entry or prior and (ii) below) to entry the Tenant to provide routine janitorial services), enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderthem during Business Hours; (ii) show, (b) supply janitorial and any other service Landlord is required to provide hereunderduring Business Hours, (c) show the Premises to prospective lenderspurchasers, purchasers mortgagees or ground or underlying lessors, or, during the last eighteen (18) months of the Lease Term, prospective tenants, ; (diii) post notices of nonresponsibility, and non-responsibility; or (eiv) alter, improve or repair the Premises Premises, the Building, or any the Project if necessary to comply with current building codes or other portion of Applicable Laws, or for structural alterations, repairs or improvements to the Real PropertyBuilding or the Project as required or permitted under the Lease. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 27, Landlord may erect in enter the Premises or elsewhere in at any time to (A) perform services required of Landlord; and (B) subject to the Real Property scaffolding and other structures reasonably required for terms of Section 26.1 above, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the work to be performed. Except abatement of Rent, except as otherwise expressly provided in this LeaseSection 19.5.2, in no event shall above, and may take such entry or work entitle Tenant steps as required to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantaccomplish the stated purposes; provided, however, that Landlord any such entry shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such a manner so as to cause as little interference to Tenant as reasonably possible without incurring additional expenseand shall be performed after Business Hours if reasonably practical and subject to reasonable scheduling with Tenant. 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. 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. Even in emergency situations, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant's business operations. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except excluding Tenant's vaults vaults, safes and safesspecial security areas designated in advance by Tenant. If In an emergency necessitates immediate access emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises; provided, however, that Landlord may use whatever force shall, subject to Section 10.1 of this Lease and to the extent that such damage is necessary not covered by insurance required to enter the Premises and be carried by Tenant under this Lease or caused by any such entry governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate certain areas of the Premises as "SECURED AREAS" should Tenant require such areas for the purpose of securing certain valuable property or confidential information, including, without limitation, the data center and toy library portions of the Premises. In connection with the foregoing, Landlord shall not constitute enter such Secured Areas except in the event of an emergency or unless Landlord is accompanied by a Tenant escort, to the extent an escort is reasonably available. 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 Laws, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord's reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof.
Appears in 1 contract
Samples: Office Lease (Etoys Inc)
ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable timestimes (during Business Days, if reasonably practicable) and upon reasonable advance notice forty-eight (provided that no advance notice need be given if an emergency 48) hours prior Notice to the Tenant (as determined by Landlord except in its reasonable judgmentthe event of emergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder, (cii) show the Premises to prospective lenderspurchasers, purchasers mortgagees, or to the ground or underlying lessors or, during the last twelve (12) months of the Lease Term to prospective tenants, ; (diii) post notices of nonresponsibility, and ; (eiv) perform services required of Landlord; or (v) alter, improve or repair the Premises or any the Building if necessary to comply with current building codes or other portion of applicable laws, or for structural alterations, repairs or improvements to the Real PropertyBuilding. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 26, Landlord may erect enter the Premises at any time to (A) take possession following the occurrence of any Default of this Lease by Tenant in the Premises or elsewhere in manner provided herein; and (B) perform any covenants of Tenant which Tenant fails to perform beyond applicable notice and cure periods. Any such entries shall be without the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord Rent (except as specifically set forth in Section 6.5 above) and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of business occupancy or profits quiet enjoyment of the Premises, and any other loss occasioned thereby, except to the extent caused by Tenant; providedLandlord’s or its employees’ or agents’ gross negligence or willful misconduct. For each of the above purposes, however, that 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 without incurring additional expense. Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises. In an emergency, except Tenant's vaults Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Notwithstanding the forgoing, Tenant shall be permitted to have a representative of Tenant accompany Landlord during any such entry onto the Premises, and may designate one or any portion thereofmore areas of the Premises as “secure areas” in which Landlord’s access to such areas shall be subject to a protocol reasonably established by Tenant to preserve trade secrets, proprietary information and other confidential matters and to limit access to data servers and the like. Any such entries shall be done in a manner so as to minimize interference with Tenant’s business operations.
Appears in 1 contract
Samples: Lease (Beyond Meat, Inc.)
ENTRY BY LANDLORD. Landlord may(a0 Landlord, at any the Board of Managers and all reasonable times, their respective agents and upon reasonable advance notice contractors shall have the right to enter or pass through the Premises: (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgmenti) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the examine and show Premises to (a) inspect the same actual and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, Senior Interest Holders and purchasers or tenantsand, during the last 18 months of the Term, prospective lessees of the Unit, (dii) post notices of nonresponsibilityto conduct such activities as are incidental to the operation and maintenance of, and to make repairs and alterations in, the Premises, the Unit and/or the Building and their respective systems, facilities and equipment, (eiii) alterto remove any violation of Law noted or issued against the Building, improve or repair the Unit, the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding part thereof and other structures reasonably required for the work (iv) to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantread and maintain utility meters located therein; provided, however, that any such entry pursuant to clauses (i) and (ii) above shall be during Business Hours. Any entry by Landlord shall be made on reasonable advance oral notice and, at Tenant's request, Landlord shall be accompanied by an agent of Tenant, except in emergency situations where no such notice and/or supervision shall be required. In exercising its rights under this Section 12.7, Landlord shall use, and shall use good faith reasonable efforts to cause all such work the Board of Managers to be done in such a manner as use, reasonable efforts to cause as little avoid unreasonable interference to Tenant as reasonably possible without incurring additional expense. Landlord shall at all times retain a key with which to unlock all the normal conduct of the doors Tenant's business in the Premises. Landlord and the Board of Managers each shall have a pass key (or similar entry device) to the Premises which may only be used with Tenant's permission, except in the case of an emergency, and shall be allowed to bring materials and equipment into the Premises as required in connection with maintenance, repairs and alterations, without any liability to Tenant and without any reduction of Tenant's vaults and safesobligations. If an emergency necessitates immediate access to (b0 If, during the last month of the Term, Tenant has removed all or substantially all of Tenant's Property from the Premises, Landlord Landlord, without notice to Tenant, may use whatever force is necessary to immediately enter the Premises and any such entry alter, renovate and decorate the same, without liability to the Premises shall not constitute a forcible Tenant and without reducing or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofotherwise affecting Tenant's obligations hereunder.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, reserves the right at any and all reasonable times, times and upon reasonable advance not less than twenty-four (24) hours’ notice to Tenant (provided that no advance notice need be given if except in the case of an emergency (as determined by Landlord in its reasonable judgmentemergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder, (cii) show the Premises to prospective lenderspurchasers, 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, ; (diii) post notices of nonresponsibility, and nonresponsibility (eto the extent applicable pursuant to then Applicable Law); or (iv) alter, improve or repair the Premises or any other portion of the Real PropertyBuilding, or for structural alterations, repairs or improvements to the Building or the Building’s systems and equipment. In connection with Landlord may make any such alterationentries without the abatement of Rent, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except except as otherwise expressly 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 any means that Landlord may deem proper to open the doors in no event 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 any interference with Tenant’s 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. Landlord acknowledges and agrees that Tenant may require that Landlord be accompanied by an employee of Tenant during any such entry or work entitle Tenant to into the Premises by Landlord (except in the event of an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantemergency in which case no escort shall be required); provided, however, that in no event shall the unavailability of such escort at the time that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary permitted to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful delay Landlord’s entry into the PremisesPremises as permitted hereunder. 00 Xxxxxxxxx Xxxxxxx Xxxxxxx Xxxxxxxx Xxxx [Britannia Gateway Business Park] [Senti Biosciences, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof.Inc.]
Appears in 1 contract
ENTRY BY LANDLORD. 21.1 Landlord may, reserves and shall have the right to enter the Premises at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior times to entry to provide routine janitorial services), enter the Premises to (a) inspect the same and same, to determine whether Tenant is in verify Tenant's compliance with its obligations under this Lease, to post notices of non-responsibility (if permitted by the Laws of the State where the Facility is located), to post any notices Landlord reasonably believes are required by law to be posted on the Premises, to deliver notices to Tenant or any subtenant or occupant of any portion of the Premises, to supply any service to be provided by Landlord to Tenant hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show submit the Premises to prospective lenderslender, purchasers purchasers, investors, or tenants. Landlord may, during the last six (d6) post notices months of nonresponsibilitythe Term, place "For Lease" signs on or about the Premises.
21.2 Landlord also reserves and shall have the right to enter the Premises, upon reasonable prior written notice (e) except in emergencies), to alter, improve improve, renovate, or repair the Premises or and any other portion of the Real Property. In connection with any such alterationFacility or its mechanical systems, improvement or repair, and Landlord may for such purposes erect in the Premises or elsewhere in the Real Property scaffolding and other appropriate structures where reasonably required for by the character of the work to be performed. Except as otherwise expressly provided in this Lease, in no In the event shall that any such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon by Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in into the Premises, except or such work performed by Landlord at the Facility, prevents Tenant from gaining access to all or any significant portion of the Premises for more than five (5) consecutive business days, then Minimum Monthly Rent shall be abated in proportion to the part of the Premises (if less than all) to which Tenant shall have been denied access, but there shall be no abatement of rent by reason of all or any portion of the Premises being inaccessible for a period of five (5) or fewer consecutive business days. Further, Tenant shall not be entitled to any abatement of rent on account of any noise, vibration, or other disturbance to Tenant's vaults and safes. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter business at the Premises and that may arise out of any such entry to by Landlord into the Premises or out of Landlord's performance of any such work at the Facility, and under no circumstances shall not constitute any such noise, vibration, disturbance, work, or entry by Landlord be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction of Tenant from the Premises, Premises or any portion thereof. Landlord shall use commercially reasonable efforts (which shall not include any obligation to employ labor at overtime rates) to avoid or minimize disruption of Tenant's business during any such entry or work by Landlord.
21.3 Landlord shall have the right to use any and all means that Landlord may deem appropriate to open any doors in an emergency in order to obtain entry to the Premises.
Appears in 1 contract
Samples: Lease Agreement (Virage Inc)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises upon at least twenty-four hours prior notice (except in the case of an emergency or to supply normal and regular janitorial or security services pursuant to the terms of the Lease, in which case no such notice shall be required) to: (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunderhereunder and perform repairs required under this Lease, (c) show the Premises to prospective lenders, purchasers or or, during the last twelve (12) months of the term, to prospective tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises (however, no such changes shall be made to 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (36) the interior portions of the Premises without Tenant's consent) or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect if reasonably required in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, and provided Landlord complies with the express requirements set forth in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that . 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 without incurring additional expensepossible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults Xxxxxx’s vaults, safes and safesthe Secured Areas (as defined below). If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereof.
a. Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord shall have no obligation to provide either janitorial service or cleaning in the Secured Areas. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with ten (10) days’ prior written notice of the specific date and time of such Landlord inspection and shall allow an employee of Tenant to accompany Landlord at all times.
Appears in 1 contract
Samples: Office Lease (e.l.f. Beauty, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), may enter the Premises at reasonable hours with notice to Tenant to (a) inspect the same and Premises; (b) exhibit the Premises to prospective purchasers, lenders, or tenants; (c) determine whether Tenant is in compliance complying with its all obligations hereunder, under this Lease; (bd) and 24 hour notice to Tenant to supply janitorial service and any other service services to be provided by Landlord is required to provide hereunder, under this Lease; (c) show the Premises to prospective lenders, purchasers or tenants, (de) post notices of nonresponsibility, ; and (ef) altermake repairs or perform maintenance required of Landlord by this Lease, improve make repairs to any adjoining space or repair the Premises utility services, or make repairs, alterations, or improvements to any other portion of the Real PropertyBuilding. In connection with any such alterationHowever, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the all this work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such work to be done in such a manner as to promptly as reasonably possible and cause as little interference to Tenant as reasonably possible without incurring additional expensepossible. 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 at all times retain have a key with which to unlock all of the doors on the Premises, excluding Tenant’s vaults, safes, and similar areas designated as secure areas in writing by Tenant in advance. In an emergency, Landlord shall have the right to use any means that Landlord deems proper to open Tenant’s doors and enter 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 24 hours notice prior to entering the Premises, except Tenant's vaults and safes. If in the event of an emergency necessitates immediate access to the Premisesemergency, Landlord may use whatever force is necessary to enter the Premises and any without providing 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 thereofnotice.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord mayreserves and shall at all times have the right, after delivering verbal notice to Tenant (which shall be given by direct conversation or message to Tenant's chief financial officer or corporate counsel provided they maintain offices within the Premises) at any least twenty-four (24) hours in advance of Landlord's entry (except in the case of an emergency or the supplying by Landlord of janitorial and all reasonable timesother routine services, and upon reasonable advance notice (provided that in which case no advance notice need shall be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial servicesnecessary), to enter the Premises to (a) inspect the same and same, to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial janitor service and any other service to be provided by Landlord is required to provide Tenant hereunder, (c) to show the said Premises to prospective lenderspurchasers, purchasers mortgagees or tenants (but only during the last nine (9) months of the Lease Term as to prospective tenants), (d) to post notices of nonresponsibility, and (e) to alter, improve improve, or repair the Premises or and any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in Building of which the Premises are a part or elsewhere in to which access is conveniently made through the Real Property scaffolding Premises, without abatement of rent, and may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required for by the character of the work to be performed, provided that entrance to the Premises shall not be blocked thereby, and further provided that the business of Tenant shall not be interfered with unreasonably. Except as otherwise expressly provided in this LeaseTenant hereby waves any claim for damages for any injury or inconvenience to or interference with Tenant's business, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business occupancy or profits by Tenant; providedquiet enjoyment of the Premises, howeverand any other loss occasioned thereby. For each of the aforesaid purposes, that 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 without incurring additional expense. Landlord shall at all times have and retain a key with which to unlock all of the doors in doors, in, upon, and about the Premises, except Tenant's vaults and safes. If Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency necessitates immediate access emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portions thereof obtained by Landlord may use whatever force is necessary to enter the Premises and by any such entry to the Premises of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an eviction eviction, actual or constructive, of Tenant from the PremisesPremises or any portions thereof. Landlord shall also have the right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passage ways, doors and doorways, and corridors, elevators, stairs, toilets, or any portion thereofother public parts of the Building and to change the name, number or designation by which the Building is commonly known.
Appears in 1 contract
ENTRY BY LANDLORD. Subject to rest of this Section, provided that ----------------- Tenant makes a representative available on at least twenty four (24) hours prior notice from Landlord, Landlord mayand its Affiliates will have the right to enter the Ground Floor, at any and all reasonable timesrooftop penthouse, or generator secure areas of the Premises only if accompanied by such representative, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by in such cases Landlord in its reasonable 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 is in compliance will comply with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction security procedures of Tenant, constructive or otherwiseprovided that they do not unreasonably interfere with the exercise of Landlord's rights under this Lease. Subject to the foregoing and the rest of this Section, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall and its Affiliates at all times will have the right to enter the Premises, and Landlord will retain a key with which (or be given by Tenant) keys to unlock all of the doors in to or within the Premises, except excluding doors to Tenant's vaults and safesfiles. If an emergency necessitates immediate access Notwithstanding the foregoing or anything else to the Premisescontrary, Landlord may and its Affiliates will have the right to use whatever force is 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, and any in such event Landlord will be required to give only such notice (if any) that it in good faith believes is feasible under the circumstances and need not wait to be accompanied by Tenant or its employees or representatives (although these parties may still accompany Landlord if they are available and wish to do so). Such entry to the Premises shall not constitute and the exercise of Landlord's rights will not, under any circumstances, be deemed to be a default, a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction of Tenant from the Premises, Premises or any portion thereof, nor will it subject Landlord to any Liabilities or entitle Tenant to any compensation, abatement of rent or other rights and remedies.
Appears in 1 contract
Samples: Lease (Navisite Inc)
ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises to inspect or (awithin the final three (3) inspect months of the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (cTerm) show the Premises Premises, to prospective lendersclean and make repairs, purchasers alterations or tenants, (d) post notices of nonresponsibilityadditions to the Premises, and (e) alterto conduct or facilitate repairs, improve alterations or repair the Premises or additions to any other portion of the Real PropertyBuilding or the Project, including other tenants’ premises. In connection with any such alteration, improvement Except in emergencies or repairto provide janitorial and other Building services, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises, which may erect be given by email to Txxx Xx xxxx (txxx.xxxxxx@xxxxxx.xxx) and which shall not be less than twenty-four (24) hours (except in event of emergency). If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. Entry by Landlord shall not constitute constructive eviction or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement or reduction of rentRent. Notwithstanding the foregoing, constitute Tenant, at its own expense, may provide its own locks to an eviction area within the Premises (“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, constructive or otherwiseTenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to cause all have such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expenseaccess. Landlord shall at comply with all times retain a key with which reasonable security measures pertaining to unlock all of the doors Secured Area. If Landlord reasonably determines that an emergency in the Building or the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate including, without limitation, a suspected fire or flood, requires Landlord to gain access to the PremisesSecured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord may use whatever force is necessary shall have no liability whatsoever to enter 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 and any such entry to the Premises shall not constitute damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or unlawful entry into cleaning in the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofSecured Area.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable 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 is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenderslenders or purchasers and, purchasers or during the final twelve (12) months of the Lease term (as the same may have been extended) prospective tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real PropertyProject. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property Project scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that . 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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.
Appears in 1 contract
Samples: Office Lease (Kitara Media Corp.)
ENTRY BY LANDLORD. Landlord mayUpon reasonable notice, at any and all reasonable timesor in an emergency without notice, and upon reasonable advance notice (provided that no advance notice need be given if an subject to Tenant’s right to escort Landlord through the Premises in non emergency (as determined by situations, Landlord in its reasonable judgment) necessitates an immediate entry or prior shall have the right to entry to provide routine janitorial services), enter the Premises to Premises: (a) to inspect the same and to determine whether Tenant is in compliance with its obligations hereunderthem, (b) to supply janitorial and any other service Landlord is required provided to provide Tenant hereunder, (c) to show the Premises to prospective lenderspurchasers, purchasers lenders or tenantsduring the last nine (9) months of the term of this Lease tenants , (d) to post notices of nonresponsibility, and (e) to alter, improve or repair the Premises or and any other portion of the Real Property. In connection with any such alterationBuilding, improvement or repair, Landlord may and (f) to erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably necessary structures, where required for by the work to be performed, all without reduction of rent . Except as otherwise expressly provided in this Lease, in no event shall such entry Tenant hereby waives any claims for damages for any injury to or work entitle Tenant to an abatement of rent, constitute an eviction of interference with Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of ’s business or profits quiet enjoyment of the Premises or any other loss occasioned by Tenant; provided, however, that 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 without incurring additional expenseentry. Landlord shall at all times retain have a key with which to unlock all of the doors in and about the Premises, except excluding Tenant's ’s vaults and safes. If an emergency necessitates immediate access , and Landlord shall have the right to the Premisesuse any means which Landlord deems proper to open said doors in any emergency, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, Premises or a detainer of the Premises, Premises or an eviction of Tenant from any portion of the Premises. Notwithstanding the foregoing, in the event that (i) any work performed by Landlord materially interferes with Tenant’s use of the Premises, (ii) such condition shall continue for five (5) consecutive business days; and (iii) Tenant actually ceases using the portion of the Premises so affected as a result of such condition, the Base Rent and Additional Rent shall xxxxx with respect to the affected portion of the Premises (based on the extent of the interference with Tenant’s use) beginning the following day and continuing until the earlier of the date the condition has been substantially remediated or any portion thereofTenant commences using the Premises, except that in the event of a casualty to the Building or the Premises, the Base Rent and Additional Rent shall xxxxx in accordance with the terms of paragraph 23 hereof. In addition, in the event that the interruption continues for more than ninety (90) consecutive days and the Tenant has ceased using the Premises as a result thereof for such period, Tenant shall have the right to terminate the Lease.
Appears in 1 contract
Samples: Lease (Trulia, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all may with reasonable times, and upon reasonable advance prior notice to ------------------ Tenant which shall in no event be more than 24 hours prior notice (provided that no advance notice need be given if except in the case of an emergency (as determined by Landlord in its reasonable judgmentemergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises at reasonable hours to (a) inspect the same;(b) exhibit the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenderspurchasers, purchasers lenders or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts only exhibit the Premises to cause prospective tenants during the final ninety (90) days of Tenant's occupancy of the Premises; (c) make repairs or perform maintenance required of Landlord under the terms hereof or repairs to any adjoining space or utility services or make repairs, alterations or improvements to any other portion of the Building; (d) supply janitor service and any other service to be provided by Landlord to Tenant under this Lease; and (e) post notices of non-responsibility, provided, however, that all such work to shall be done in such a manner as prom______ _____nably practical and so as to cause as little interference to Tenant as reasonably possible without incurring additional expensep__________nt hereby waives any claim for damages for any inconvenience to or interference with __________ business or any loss of occupancy or quiet enjoyment of the Premises occasioned by such __________. Landlord shall at all times have and retain a key with which to unlock all of the doors in in, on or about the Premises, except Premises (excluding Tenant's vaults vaults, safes and safes. If similar areas designated in writing by Tenant in advance); and Landlord shall have the right to use any and all means which Landlord may deem proper to open Tenant's doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord in an emergency shall not constitute be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from the Premises, Premises or any portion thereof and Landlord shall have no liability to Tenant as a result thereof.
Appears in 1 contract
Samples: Office Lease (Smartage Corp)
ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises as reasonably necessary to inspect or show the Premises, to clean and make repairs, alterations or additions to the Premises (a) inspect to the same extent a Landlord right or obligation under this Lease), and to determine whether Tenant is conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises (to the extent permitted under this Lease). Except in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required emergencies or to provide hereunderjanitorial, if any, 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 necessary for the protection and safety of Tenant and its employees, upon 48 hours prior notice (c) show or immediately in the event of an emergency), Landlord shall have the right to temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers or tenantsalterations and additions, (d) post notices of nonresponsibilitybut it shall diligently pursue any such repair and immediately open such closed Premises upon final repair. However, and (e) alterexcept in emergencies, improve or repair Landlord will not close the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for if the work to can reasonably be performedcompleted on weekends and after Normal Business Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute constructive eviction or work entitle Tenant to an abatement or reduction of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by TenantRent; provided, ·however, that Landlord shall use good faith efforts not unreasonably interfere with Tenant's operations at the Premises. If as a result of Landlord's entry Tenant is unable to cause all such work to be done in such occupy 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 with which to unlock all material portion of the doors Premises for a period in excess of three (3) consecutive days after notice, then Tenant shall be entitled to receive an abatement of Rent payable hereunder prorated based upon the Premises, except Tenant's vaults and safespercentage of the Premises rendered untenantable until the Premises are again tenantable. If an emergency necessitates immediate access Notwithstanding anything to the Premisescontrary in this Lease, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer whether by Landlord or any third parties, shall be subject to Tenant's security requirements (which security requirements shall be no more burdensome than Tenant's security requirements for other third party visitors or for Tenant's other buildings in the vicinity of the Property), and must be coordinated with Tenant's security personnel upon reasonable prior notice. Tenant shall provide Landlord access to the Premises for the purposes stated in this Section XI within a reasonable period after notice from Landlord if Landlord has complied with all of the security requirements to be complied with on its part. Further, Tenant may designate limited areas of the Premises as "Secured Areas"; provided that Tenant shall reasonably provide a Tenant's representative to accompany any Landlord representative requiring access to the Secured Areas upon reasonable notice. In connection with the foregoing, Landlord shall not otherwise enter such Secured Areas except in the event of an emergency. Tenant shall have the right to install a key-card security system. In the event Tenant does not provide Landlord access to the Premises in breach of its obligations hereunder, Tenant shall promptly reimburse Landlord for all actual, out-of-pocket costs incurred by Landlord in the performance of its obligations under this Lease resulting from Landlord's inability to access the Premises. Landlord's current property manager is Xxxxx Xxxxxxx of Xxxxxx Realty Advisers ("Property Manager''). Tenant shall provide Property Manager with one key or key-card to the Premises to be used only in the event of emergencies, and then only for the purpose of the emergency. Landlord shall indemnify Tenant for any losses or an eviction of Tenant liabilities resulting from the Premisesimproper use of the key or key card. Landlord shall give Tenant notice as soon as reasonably practical before or after any emergency entry. In the event that Landlord changes property managers, Landlord shall cause its current Property Manager to promptly return the key or any portion thereofkey-card to Tenant, and such key or key-card will not be given to the new property manager until such person is approved by Tenant in writing, such approval not to be unreasonably withheld, based on its security requirements.
Appears in 1 contract
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), may enter the Premises to (a) inspect inspect, clean or show to potential lenders, investors and/or buyers the same and Premises or to determine whether Tenant is in compliance with its obligations hereunderperform or facilitate the performance of repairs, (b) supply janitorial and alterations or additions to the Premises or any other service Landlord is required portion of the Building, or, during the last 9 month of the Term of this Lease, to provide hereunder, (c) show the Premises to prospective lenderstenants. Except in emergencies (as reasonably determined by Landlord) or to provide Building services, purchasers or tenants, (d) post notices Landlord shall provide Tenant with reasonable prior verbal notice of nonresponsibility, entry and (e) alter, improve or repair shall use commercially reasonable efforts to minimize any interference with Tenant’s 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 other 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 Real PropertyPremises to perform repairs, alterations and additions. In connection with any such alterationHowever, improvement or repairexcept in emergencies (as reasonably determined by Landlord), Landlord may erect in will not close the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for if the work to can reasonably be performedcompleted on weekends and after Building Service Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute a constructive eviction or work entitle Tenant to an abatement or reduction of rentRent. Notwithstanding the foregoing, constitute an eviction 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, constructive 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 otherwisethe Premises, including, without limitation, a suspected fire or impose upon 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 liability whatsoeverentrance, including but not limited corridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall provide janitorial service and cleaning service in the Secured Area, provided that Tenant’s personnel are available to liability for consequential damages or loss of business or profits by Tenant; providedprovide access to the Secured Area to Landlord’s janitorial and cleaning personnel during the regular hours that Landlord provides janitorial service and cleaning service to the other tenants in the Building. However, however, Tenant acknowledges and agrees that Landlord shall use good faith efforts have no liability or responsibility whatsoever for not providing janitorial service or cleaning service to cause all such work the Secured Area if Tenant’s personnel are not so available 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 with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate provide access or deny access to the Premises, Secured Area to Landlord’s janitorial and cleaning personnel during the regular hours that Landlord may use whatever force is necessary to enter the Premises provides janitorial service and any such entry cleaning service to the Premises shall not constitute a forcible or unlawful entry into other tenants in the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofBuilding.
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ENTRY BY LANDLORD. (a) Tenant shall permit Landlord mayto erect, at any use and all reasonable timesmaintain 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 reasonable the Premises upon 24 hours advance notice (provided that no advance notice need be given if notice, except in the event of an emergency (or regularly scheduled Landlord obligations under this Lease, 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 determined Landlord may deem necessary or desirable. Janitorial and cleaning services shall be performed after Normal Business Hours and shall not require notice. Any entry or work by Landlord in its may be during Normal Business Hours after reasonable judgment) necessitates an immediate notice to Tenant and Landlord shall use reasonable efforts to ensure that any entry or prior work shall not materially interfere with Tenant's occupancy of the Premises, however, any such interference 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 to provide routine janitorial servicesinto 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 (a) inspect the same Tenant's property), and to determine whether Tenant is in compliance with its without relieving either party of any obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, under this Lease.
(c) show 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 prospective lendersconfirm 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, purchasers and Landlord has not, and shall not be deemed to have assumed any responsibility to Tenant or tenants, any other party for compliance with Laws as a result of the exercise or non-exercise of such rights.
(d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or Landlord may do any other portion of the Real Property. In connection with foregoing, or undertake any such alteration, improvement of the inspection or repair, Landlord may erect work described in the Premises preceding paragraphs without such action constituting an actual or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Leaseconstructive eviction of Tenant, in no event shall such entry whole or work entitle Tenant in part, or giving rise to an abatement of rent, constitute an eviction Rent by reason of loss or interruption of business of the Tenant, constructive or otherwise, or impose upon ; provided Landlord any liability whatsoever, including but agrees to use commercially reasonable efforts not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except (1) disrupt Tenant's vaults and safes. 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 (2) materially interfere with Tenant's occupancy of Tenant from the Premises, or however any portion thereofsuch interference shall not be a default by Landlord if it is cured within two (2) Business Days of written notice from Tenant.
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ENTRY BY LANDLORD. Landlord mayA. Landlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises to (a) inspect or show the same Premises, to clean and make repairs, alterations or additions to the Premises, and to determine whether Tenant is conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises. Except in compliance with its obligations hereunder, (b) supply emergencies or to provide janitorial and any other service Building services after Normal Business Hours, Landlord is required shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally to provide hereunderthe office manager or other person within the Premises designated from time to time by Tenant. If reasonably necessary for the protection and safety of Tenant and its employees, (c) show Landlord shall have the right to temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers or tenantsalterations and additions. However, (d) post notices of nonresponsibilityexcept in emergencies, and (e) alter, improve or repair Landlord will not close the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for if the work to can reasonably be performedcompleted on weekends and after Normal Business Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute constructive eviction or work entitle Tenant to an abatement or reduction of rentRent. Notwithstanding the foregoing, constitute an eviction if Landlord temporarily closes the Premises as provided above for a period in excess of 3 consecutive days, Tenant, constructive or otherwiseas its sole remedy, or impose upon 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 any liability whatsoevercloses the Premises for 90 consecutive day(s) pursuant to this Section (and such closure is not due to a casualty, including but in which case Article XVII shall control with respect to such matter) and such repairs necessitating such closure are not limited being diligently pursued by Landlord, Tenant, as its sole remedy, shall have the right to liability for consequential damages or loss elect to terminate this Lease within 10 days after the expiration of business or profits said 90 day period without penalty, by Tenantdelivering written notice to Landlord of its election thereof; provided, however, that if 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of is diligently pursuing the doors in the Premises, except Tenant's vaults and safes. 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 repair or unlawful entry into the Premises, a detainer restoration of the Premises, Tenant shall not be entitled to terminate the Lease but rather Tenant's sole remedy shall be to abatx Xxxt as provided above. Tenant, however, shall not be entitled to an abatement or the termination right under this Section if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, its agents, employees or contractors, including, without limitation, a default by Tenant in its maintenance and repair obligations under the Lease.
B. Notwithstanding the foregoing, Tenant, at its own expense, may provide its own locks to an eviction area within the 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 Secured Area and, upon the expiration or earlier termination of this Lease, Tenant from shall surrender all keys to the Secured Area to Landlord. If Landlord must gain access to the 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 any portion thereofflood, 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.
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ENTRY BY LANDLORD. (A) Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), may enter the Premises at all reasonable times (and Tenant shall have the right to have its representatives present) so long as Landlord provides Tenant with at least twenty-four (a24) hours’ prior telephonic notice thereof (except in the case of an Emergency Situation in which case no prior notice shall be required, but Landlord shall endeavor in good faith to provide prompt oral notice) to: inspect the same; exhibit the same and to prospective purchasers, Mortgagees, Ground Lessors or, during the last eighteen (18) months of the Term, tenants; determine whether Tenant is in compliance complying with all of its obligations hereunder, (b) under this Lease; supply janitorial and any other service services to be provided by Landlord is required to provide hereunder, Tenant under this Lease (c) show as to which no prior notice shall be required); and make repairs in or to the Premises to prospective lenders, purchasers Building or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of improvements to the Real Property. In connection with any such alterationBuilding (and, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably if required for the work to be performed. Except as otherwise expressly provided in under this Lease, to the Premises) to the extent and in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantthe manner permitted hereunder; provided, however, that Landlord shall use good faith efforts to cause all such work to shall be done in such a manner as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible without incurring additional expensepossible. Except in the case of any Emergency Situation or as otherwise provided hereunder, any such work and services to be provided by Landlord to Tenant under this Lease (other than changing of light bulbs and similar work) to be performed within any portion of the Premises shall be done outside of Regular Business Hours, unless Tenant otherwise requests. Landlord shall at all times have and retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s vaults, safes and similar areas designated by Tenant in writing in advance), and Landlord shall have the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access right to use reasonable means to open such doors to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such entry to the Premises obtained by Landlord by any such means, if done in accordance with the provisions of this Article 17 and Article 8 above (but subject to Article 23 hereof), shall not constitute under any circumstances be deemed or construed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, Premises or an eviction eviction, actual or constructive, of Tenant from any part of the Premises. Such entry by Landlord shall not act as a termination of Tenant’s duties under this Lease.
(B) In connection with any work performed by Landlord in the Premises pursuant to this Article 17, Landlord shall (a) perform the same outside of Regular Business Hours (except in the event of an Emergency Situation or as otherwise provided in this Lease), (b) clean up and, except in the event of an Emergency Situation, restore (e.g., ceilings fully closed up with lighting functional) all areas being utilized for such work each morning prior to the commencement of Regular Business Hours such that there is no material interference with Tenant’s operations during Regular Business Hours resulting therefrom, and (c) promptly after the completion of its work, restore or repair any damage to the Premises and any of Tenant’s property therein as may have been affected by the performance of such work to the condition existing prior to the performance of such work. If Landlord fails to make such restoration or repair within ten (10) days after written notice from Tenant, then Tenant shall have the right to give Landlord a second written notice containing a sentence stating “IF LANDLORD FAILS TO MAKE THE APPLICABLE RESTORATION OR REPAIR WITHIN TWO (2) BUSINESS DAYS AFTER LANDLORD’S RECEIPT HEREOF, TENANT SHALL HAVE THE RIGHT TO MAKE SUCH RESTORATION OR REPAIR,” and, in the event that Landlord fails to make such restoration or repair within two (2) Business Days after Landlord’s receipt thereof (and provided Landlord has not commenced such restoration or repair within such two (2) Business Day period, or any portion fails thereafter to diligently prosecute such restoration or repair to completion), Tenant shall have the right (but not the obligation) to make such restoration and repair and to charge Landlord for the actual, reasonable costs incurred by Tenant therefor by written invoice to Landlord, in which event Landlord shall pay the amount of such invoice to Tenant within thirty (30) days after Landlord’s receipt thereof.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
ENTRY BY LANDLORD. Landlord may, at any reserves the right and all reasonable timesTenant shall permit Landlord, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by its authorized representatives, partners, investors, lenders and any other Landlord in its reasonable judgment) necessitates an immediate entry or prior invitees, to entry to provide routine janitorial services), enter the Premises to at all reasonable times and upon twenty-four (24) hours’ prior notice (written or oral) (except (a) inspect to the same and to determine whether Tenant is in compliance with its obligations hereunderextent requested by Tenant, (b) supply janitorial and any other service Landlord is required to provide hereunderin connection with scheduled maintenance programs, and/or (c) show in the Premises to prospective lendersevent of an emergency, purchasers in which cases no notice shall be required) for purposes of (i) inspecting, performing maintenance or tenants, (d) post notices making alterations of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with Building, including the erection and maintenance of such scaffolding, canopies, fences, and props as Landlord may reasonably require; (ii) posting notices of non-responsibility or non-liability for alterations or repairs; or (iii) showing or submitting the Premises to prospective purchasers or tenants (provided that Landlord agrees that except in the event (A) Tenant is in default under this Lease beyond any applicable notice and cure periods, (B) Landlord and Tenant have agreed to an early termination of this Lease and the early termination date of this Lease is within eighteen (18) months from the date of such alterationshowing, improvement or repair(C) Landlord and Tenant otherwise mutually agree to the contrary, Landlord shall not show the Premises to prospective tenants except during the last eighteen (18) months of the then current Term of this Lease), all of which actions Landlord may erect take without any abatement of Rent. Except in the Premises case of an emergency, 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 elsewhere such other party desires to enter the Premises, and, except in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Leasecase of an emergency, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith commercially reasonable efforts to cause all comply with Tenant’s reasonable security measures of which Landlord is notified in advance in writing. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference’s with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by such work entry. Landlord shall use reasonable efforts in order that the entrance to the Premises shall not be done in blocked by the making of such a manner as to cause as little interference to alterations or the performing of such maintenance and that the business of Tenant as reasonably possible without incurring additional expenseshall not thereby be interfered with unreasonably. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in in, upon, and about the Premises, except excluding Tenant's ’s vaults and safes. If , and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency necessitates immediate access in order to obtain entry to the Premises, Landlord may use whatever force is necessary to enter the Premises and any such . Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not constitute under any circumstances be construed or deemed to be a forcible or unlawful entry into the Premises, or a detainer of the Premises, or an eviction of Tenant from the Premises, Premises or any portion thereof. Landlord has the right to make alterations to the Building or demolish 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 reasonable efforts to accomplish such work and entry into the Premises in such a manner as to minimize any inconvenience to Tenant or interference with the operation of Tenant’s business in the Premises.
Appears in 1 contract
Samples: Office Lease (Asana, Inc.)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and ----------------- upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable 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 is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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.
Appears in 1 contract
Samples: Office Lease (Bea Systems Inc)
ENTRY BY LANDLORD. Landlord mayLandlord, at any its agents, contractors and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), representatives may enter the Premises to (a) inspect or show the same Premises, to clean and make repairs, alterations or additions to the Premises, and to determine whether Tenant is conduct or facilitate repairs, alterations or additions to any portion of the Building or the Project, including other tenants' premises. Except in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required emergencies or to provide hereunderjanitorial service (if Landlord so elects in accordance with Article IX.
A. above) and other regularly scheduled services after Normal Business Hours, (c) show Landlord shall provide Tenant with reasonable prior notice of entry into the 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 temporarily close all or a portion of the Premises to prospective lendersperform repairs, purchasers or tenantsalterations and additions. However, (d) post notices of nonresponsibilityexcept in emergencies, and (e) alter, improve or repair Landlord will not close the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for if the work to can reasonably be performedcompleted on weekends and after Normal Business Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute constructive eviction or work entitle Tenant to an abatement or reduction of rentRent. Notwithstanding the foregoing, constitute 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. Notwithstanding the foregoing, 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 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 entitled to an eviction abatement if the repairs, alterations and/or additions to be performed are required as a result of the acts or omissions of Tenant, constructive its agents, employees or otherwisecontractors, or impose upon Landlord any liability whatsoeverincluding, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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 Premiseslimitation, a detainer of default by Tenant in its maintenance and repair obligations under the Premises, or an eviction of Tenant from the Premises, or any portion thereofLease.
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ENTRY BY LANDLORD. 13.1 Landlord mayand its agents shall have the right to enter the Premises escorted by an employee or representative of Tenant, at any and all reasonable times, and upon reasonable advance prior verbal notice (provided that no advance notice need be given if an emergency (to Tenant as determined by Landlord in its reasonable judgment) necessitates an immediate entry set forth below for the purpose of examining or prior to entry to provide routine janitorial services)inspecting the same, enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service services to be provided by Landlord is required to provide Tenant hereunder, (c) to show the Premises same to prospective bona fide purchasers, lenders, purchasers investors or tenantstenants of the Building (collectively, (d) post notices of nonresponsibility“Prospect Visits”), and (e) alterto make such alterations, improve repairs, improvements or repair additions, whether structural or otherwise, to the Premises or any other portion of to the Real Property. In connection with any such alteration, improvement or repair, Building as Landlord may erect in the Premises deem necessary or elsewhere in the Real Property scaffolding desirable. Tenant shall reasonably cooperate with Landlord to permit such access and other structures reasonably required provide an escort. Notices for the work to entry shall be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant given to an abatement of rent, constitute an eviction officer or supervisor of Tenant, constructive or otherwiseas set forth on a written list delivered by Tenant to Landlord. Notwithstanding the above, or impose upon Landlord any liability whatsoever, including shall have the right (but not limited the obligation) to liability enter unescorted and without notice for consequential damages or loss of business or profits janitorial services (if not supplied by Tenant; provided, however, ) or if Landlord reasonably believes that there exists an emergency. Landlord may enter by means of a master key without liability to Tenant except for any failure to exercise due care for Tenant’s property and without affecting this Lease. Landlord shall use good faith reasonable efforts to cause all give Tenant not less than 48 hours prior notice of Prospect Visits and will coordinate such work to be done in such a manner entry with Tenant so as to cause as little interference not interfere with any of Tenant’s film production including delaying or scheduling of such visits after business hours if reasonably requested by Xxxxxx. If such Prospect Visits exceed ten (10) per calendar year then Landlord will pay to Tenant as reasonably possible without incurring for each additional expense. Landlord shall at all times retain visit during such calendar year a key with which visitation fee equal to unlock all $50.00 per hour for each additional Prospect Visit during the applicable calendar year, prorata for any partial hour of the doors in the Premises, except Tenant's vaults and safes. 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 thereofvisitation.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), may enter the Premises to inspect, show (abut only during the last 12 months of the Term or anytime during an uncured Default by Tenant) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show or clean the Premises or to prospective lendersperform or facilitate the performance of repairs, purchasers alterations or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair additions to the Premises or any other portion of the Real PropertyBuilding. In connection Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies or to provide Building services, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the 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 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 alterationnotice or at such other time as may be mutually agreed upon by Landlord and Tenant, improvement then (i) if the entry is for the purpose of performing work or repairproviding services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may erect in enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises or elsewhere to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Real Property scaffolding and other structures reasonably required for Premises if the work to can reasonably be performedcompleted on weekends and after Building Service Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute a constructive eviction or work entitle Tenant to an abatement or reduction of rent, constitute an eviction Rent provided that such entry is in accordance with the provisions of this Lease. Tenant, constructive 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 otherwiseearlier expiration or termination of the Lease or Tenant’s right to possession, or impose upon Tenant shall surrender all such keys to Landlord. If Landlord any liability whatsoevermust gain access to a Secured Area in a non-emergency situation, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to cause all have such work to be done in such a manner as to cause as little interference to Tenant as reasonably possible without incurring additional expenseaccess. Landlord shall at comply with all times retain a key with which reasonable security measures pertaining to unlock all of the doors Secured Area. If Landlord determines in its sole discretion that an emergency in the Building or the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate including, without limitation, a suspected fire or flood, requires Landlord to gain access to the PremisesSecured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord may use whatever force is necessary shall have no liability whatsoever to enter Tenant with respect to such entrance by Landlord, and Tenant shall pay all reasonable expenses incurred by Landlord in repairing or reconstructing any entrance, corridor, door or other portions of the Premises and any such entry to the Premises shall not constitute damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or unlawful entry into cleaning in the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises, or any portion thereofSecured Area.
Appears in 1 contract
Samples: Office Lease Agreement (Rapid7 Inc)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable 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 is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair the Premises or any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in In no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expensepossible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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.. 26
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior agents shall have the right to entry to provide routine janitorial services), enter the Premises to (a) inspect upon reasonable notice and during normal business hours for the purpose of examining and inspecting the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service to be provided by Landlord is required to provide hereunder, (c) the Tenant hereunder show the Premises same to prospective lenders, purchasers or tenants, (d) post notices Tenants of nonresponsibilitythe Premises, and (e) altermake such alterations, improve repairs, improvements, or repair the Premises or any other portion of the Real Property. In connection with any such alterationadditions, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive whether structural or otherwise, to the Premises as Landlord may deem necessary or impose desirable. Landlord shall use reasonable efforts on any such entry not to unreasonably interrupt or interfere with Tenant's use and occupancy of the Premises and shall further not unreasonably exercise this right. In addition, Landlord or its agents shall have the right to enter upon Landlord the Premises in the case of any liability whatsoeveremergency, including but not limited to liability for consequential damages fire, hurricane, tornado and other natural or loss of business man-made disasters. 21. -13- Insolvency or profits Bankruptcy ------------------------ If at any time during the Term or prior thereto there shall be filed by Tenant; providedor against Tenant in any court pursuant to any statute, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all either of the doors United States or of any state, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's property, and within thirty (30) days thereof Tenant fails to secure a discharge thereof, or its Tenant make an assignment for the benefit or creditors, this Lease, at the option of Landlord, exercised within a reasonable time after notice of the happening of any one or more of such events, may be cancelled and terminated and in which event either Tenant nor any person claiming through or under Tenant by virtue of any statute or of any order of any court shall be entitled to possession or to remain in possession of the Premises demised but shall forthwith quit and surrender the Premises, except Tenant's vaults and safes. If an emergency necessitates immediate access Landlord, in addition to the Premisesother rights and remedies it has by virtue of any other provision herein or elsewhere in this Lease or by virtue of any statute or rule of law, may retain as liquidated damages any rent, security deposit or monies received by it from Tenant or others on behalf of Tenant. Notwithstanding anything to the contrary herein contained, upon the event of cancellation of this Lease as provided in this paragraph, Landlord may use whatever force is necessary shall be entitled to enter recover damages in an amount equal to the present value of the Base Rent specified hereunder less the fair market rental value of the Premises and any such entry to for 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 thereofstated Term.
Appears in 1 contract
Samples: Lease (United Natural Foods Inc)
ENTRY BY LANDLORD. Tenant shall permit Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior Landlord's Agents to entry to provide routine janitorial services), enter the Premises at all reasonable times following not less than 24 hours prior notice, except for emergencies in which case no notice shall be required, to (a) inspect the same and to determine whether conduct tests thereon, to post Notices of Nonresponsibility and "For Sale" signs, to show the Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or repairs, and to discharge Tenant's obligations hereunder when Tenant has failed to do so within a reasonable time after written notice from Landlord. Notwithstanding the foregoing, 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 compliance with its obligations default hereunder, (b) supply janitorial to place upon the Premises ordinary "For Lease" signs and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenders, purchasers tenants. Tenant shall have the right to have a representative of Tenant to accompany Landlord or tenants, (d) post notices of nonresponsibility, Landlord's Agents on the Premises. Landlord shall be subject to Tenant's reasonable security requirements and (e) alter, improve shall not access Tenant's safes or repair the Premises or enter into any other portion of the Real Property. In connection with any such alteration, improvement or repair, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required areas maintained by Tenant for the work to be performed. Except as otherwise expressly provided in this Leasesafety and security of monies, in no event shall such entry securities, negotiable instruments, confidential documents or work entitle Tenant to an abatement of rent, constitute an eviction of Tenant, constructive or otherwisefiles, or impose upon Landlord any liability whatsoeversimilar items, including but without Tenant's prior consent, which consent shall not limited to liability unreasonably be withheld, delayed or conditioned, except for consequential damages or loss of business or profits by emergencies in which case Tenant; provided, however, that 's consent shall not be required. Landlord shall use good faith commercially reasonable efforts not to cause all such work 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 interfere with which to unlock all the conduct of the doors in the Premises, except Tenant's vaults and safes. 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 thereofbusiness.
Appears in 1 contract
ENTRY BY LANDLORD. Subject to Tenant’s reasonable security arrangements, Landlord may, reserves the right at any and all reasonable times, times and upon reasonable advance prior Notice (which Notice shall (except in cases of emergency in which case no Notice shall be required) be at least forty-eight (48) hours’ prior written notice with respect to items (provided that no advance iii) and (iv) below and may be forty-eight (48) hours’ prior oral notice need be given if an emergency to Tenant’s office manager with respect to items (as determined by Landlord in its reasonable judgmenti) necessitates an immediate entry or prior and (ii) below) to entry the Tenant to provide routine janitorial services), enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunderthem during Business Hours; (ii) show, (b) supply janitorial and any other service Landlord is required to provide hereunderduring Business Hours, (c) show the Premises to prospective lenderspurchasers, purchasers mortgagees or ground or underlying lessors, or, during the last eighteen (18) months of the Lease Term, prospective tenants, ; (diii) post notices of nonresponsibility, and non-responsibility; or (eiv) alter, improve or repair the Premises Premises, Bxxxxxxx 0, Xxxxxxxx 0, or any the Project if necessary to comply with current building codes or other portion of Applicable Laws, or for structural alterations, repairs or improvements to the Real PropertyBxxxxxxx 0, Xxxxxxxx 0 or the Project as required or permitted under the Lease. In connection with any such alteration, improvement or repairNotwithstanding anything to the contrary contained in this Article 27, Landlord may erect in enter the Premises or elsewhere in at any time to (A) perform services required of Landlord; and (B) subject to the Real Property scaffolding and other structures reasonably required for terms of Section 26.1 above, perform any covenants of Tenant which Tenant fails to perform. Landlord may make any such entries without the work to be performed. Except abatement of Rent, except as otherwise expressly provided in this LeaseSection 19.5.2, in no event shall above, and may take such entry or work entitle Tenant steps as required to an abatement of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenantaccomplish the stated purposes; provided, however, that Landlord any such entry shall use good faith efforts to cause all such work to be done accomplished as expeditiously as reasonably possible and in such a manner so as to cause as little interference to Tenant as reasonably possible without incurring additional expenseand shall be performed after Business Hours if reasonably practical and subject to reasonable scheduling with Tenant. 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. 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. Even in emergency situations, Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s business operations. For each of the above purposes, Landlord shall at all times retain have a key with which to unlock all of the doors in the Premises, except excluding Tenant's vaults ’s vaults, safes and safesspecial security areas designated in advance by Tenant. If In an emergency necessitates immediate access emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises; provided, however, that Landlord may use whatever force shall, subject to Section 10.1 of this Lease and to the extent that such damage is necessary not covered by insurance required to enter the Premises and be carried by Tenant under this Lease or caused by any such entry governmental agencies, repair any damage to the Premises caused by any such emergency entry into the Premises by Landlord. Notwithstanding anything to the contrary set forth in this Article 27, Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information, including, without limitation, the data center portion of the Premises. In connection with the foregoing, Landlord shall not constitute enter such Secured Areas except in the event of an emergency or unless Landlord is accompanied by a Tenant escort, to the extent an escort is reasonably available. 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 Laws, or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Any entry into the Premises by Landlord in the manner hereinbefore described shall not be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry or prior to entry to provide routine janitorial services), may enter the Premises to inspect, show (aduring the last 9 months of the Term only or anytime during an uncured Default by Tenant) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show or clean the Premises or to prospective lendersperform or facilitate the performance of repairs, purchasers alterations or tenants, (d) post notices of nonresponsibility, and (e) alter, improve or repair additions to the Premises or any other portion of the Real PropertyBuilding. In connection Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant’s use of the Premises. Notwithstanding the foregoing, except in emergencies, Landlord shall provide Tenant with at least 24 hours’ prior notice of entry into the Premises, which may be given orally to the entity occupying the Premises, and Tenant shall be 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 alterationa notice or at such other time as may be mutually agreed upon by Landlord and Tenant, improvement then (i) if the entry is for the purpose of performing work or repairproviding services which have been requested by Tenant and would not otherwise be performed or provided by Landlord, Landlord shall not enter the Premises (unless Tenant otherwise agrees), but (ii) if the entry is for another purpose permitted by this Section, Landlord may erect in enter the Premises. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises or elsewhere to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Real Property scaffolding and other structures reasonably required for Premises if the work to can reasonably be performedcompleted on weekends and after Building Service Hours. Except as otherwise expressly provided in this Lease, in no event Entry by Landlord shall such entry not constitute a constructive eviction or work entitle Tenant to an abatement or reduction of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that Landlord shall use good faith efforts to cause all such work to be done Rent except as otherwise provided 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 with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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 thereofthis Lease.
Appears in 1 contract
ENTRY BY LANDLORD. Landlord may, at any and all reasonable times, and upon reasonable advance notice (provided that no advance notice need be given if an emergency (as determined by Landlord in its reasonable judgment) necessitates an immediate entry agents or prior representatives shall have the right to entry to provide routine janitorial services), enter the Premises to (a) inspect the same and same, or to determine whether Tenant is in compliance with its obligations hereunder, (b) supply janitorial and any other service Landlord is required to provide hereunder, (c) show the Premises to prospective lenderspurchasers, purchasers mortgagees, tenants or tenantsinsurers, (d) post notices or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the safety, protection or preservation of nonresponsibilitythe Building or any occupants thereof, and (e) alteror to facilitate repairs, improve alterations or repair additions to the Premises Building or any other portion of the Real Propertytenants' premises. In connection with Except for any such alteration, improvement entry by Landlord in an emergency situation or repairto provide normal cleaning and janitorial service, Landlord may erect in the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle provide Tenant to an abatement with reasonable prior notice of rent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including but not limited to liability for consequential damages or loss of business or profits by Tenant; provided, however, that 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 without incurring additional expense. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises, except Tenant's vaults and safes. 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, which notice may be given verbally. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close the Premises to perform repairs, alterations or additions in the Premises. Entry by Landlord hereunder shall not constitute a detainer constructive eviction or entitle Tenant to any abatement or reduction of Rent by reason thereof. Notwithstanding anything to the contrary contained herein, Landlord shall perform any entry into the Premises in a manner that is reasonably designed to minimize any interference with Tenant's access to or use of the Premises. In the event the making of any such repair, alteration, improvement or an eviction addition shall cause the Premises to be inaccessible or unusable by Tenant, as determined in Tenant's reasonable judgment, for a period of Tenant from ten (10) days, then Base Rental and Additional Base Rental payable under the Premises, Lease shall xxxxx during the period beginning on the eleventh (11th) day that the Premises are inaccessible or any portion thereofunusable and ending on the date on which the Premises are once again accessible and usable by Tenant.
Appears in 1 contract
Samples: Lease (First Capital Income Properties LTD Series Xi)
ENTRY BY LANDLORD. Landlord may, reserves (for itself and its Mortgagees and designees) the right at any and all reasonable times, times and upon reasonable advance not less than one (1) business day notice to Tenant, which may be oral if also sent by email and text to the address and number designated by Tenant from time to time (provided which initially shall be: ) (except that no advance notice need shall be given if required in the case of an emergency (as determined by Landlord in its reasonable judgmentemergency) necessitates an immediate entry or prior to entry to provide routine janitorial services), enter the Premises to (ai) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, them; (b) supply janitorial and any other service Landlord is required to provide hereunder, (cii) show the Premises to prospective lenderspurchasers, purchasers or to current or prospective capital partners, investors, Mortgagees, ground or underlying lessors and/or insurers or, during the last nine (9) months of the Lease Term, to prospective tenants, ; (diii) post notices of nonresponsibility, and nonresponsibility (eto the extent applicable pursuant to then Applicable Law); (iv) alter, improve or repair the Premises, the Building or the Building’s systems and equipment, or for structural alterations, repairs or improvements to the Building; (v) perform environmental audits, environmental site investigations and environmental site assessments (“Site Assessments”) in, on, under and at the Premises and the Project, it being understood that Landlord shall repair any damage arising as a result of the Site Assessments, and such Site Assessments may include both above and below the ground testing and such other tests as may be necessary or appropriate to conduct the Site Assessments; (vi) preserve the walls or structures of the Building from injury, and to protect the Building by proper securing of foundations in case any excavation shall be made for building or improvements or for any other purpose upon the land adjacent to or near the Premises; and/or (vii) exercise any right of Landlord under this Lease. In addition, to the extent that it is necessary to enter the Premises in order to access any area that serves any portion of the Real PropertyBuilding outside the Premises, then Tenant shall, upon as much advance notice as is practical under the circumstances, and in any event at least one (1) business day prior written notice (except that no notice shall be required in emergency situations), permit contractors engaged by other occupants of the Building to pass through the Premises in order to access such areas but only if accompanied by a representative of Landlord. In connection with Landlord may make any such alteration, improvement or repair, Landlord may erect in entries without the Premises or elsewhere in the Real Property scaffolding and other structures reasonably required for the work to be performed. Except as otherwise expressly provided in this Lease, in no event shall such entry or work entitle Tenant to an abatement of rentRent, constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord and may take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any liability whatsoever, including but not limited to liability claims for consequential damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of business occupancy or profits by Tenantquiet enjoyment of the Premises, and any other loss occasioned thereby; provided, however, that Landlord shall shall, during non-emergency access, use good faith commercially reasonable efforts to cause all such work to be done in such a manner as to cause as little minimize any unreasonable interference to Tenant as reasonably possible without incurring additional expensewith Tenant’s operations within the Premises. Landlord shall at all times retain have a key or passcode with which to unlock all of the doors in the Premises; provided, however, Tenant may identify certain areas of the Premises that require limited access and reasonable security measures (“Secure Areas”) by written notice to Landlord from time to time, and except Tenant's vaults in the event of an emergency, Landlord shall provide Tenant with at least three (3) business days’ prior notice of any entry in the Secure Areas. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open any and safes. If an emergency necessitates immediate access all doors in and to the Premises, Landlord may use whatever force is necessary to enter . Any entry into the Premises and any such entry to by Landlord in the Premises manner hereinbefore described shall not constitute be deemed to be a forcible or unlawful entry into the Premisesinto, or a detainer of of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises, or any portion thereof.
Appears in 1 contract
Samples: Lease (Cogent Biosciences, Inc.)