Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises. Landlord, or its agents or designee shall have the right, on prior written notice (except no notice in an emergency), to enter the Demised Premises for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease; and shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor. Section 15.02. During the twelve (12) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants. Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor. Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 2 contracts
Samples: Lease (Cmgi Inc), Lease Agreement (Cmgi Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. 13.01 Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises. Landlord, Landlord or its agents or designee designees shall have the right, on prior written notice (except no notice in an emergency), right to enter the Demised Premises for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under by the provisions of this Lease; and Lease and, subject to the foregoing, shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees tenants of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, shall be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant Tenant, in whole or in part part, and the rent Rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while abatx xxxle said repairs or alterations are being made. Howevermade by reason of loss or interruption of the business of Tenant because of the prosecution of any such work, provided Landlord shall use reasonable efforts diligently proceeds therewith in such manner as to make such repairs or alterations in a manner to minimize its cause the least possible interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium laboruse and enjoyment of the Demised Premises.
Section 15.02. 13.02 During the twelve (12) months prior to the expiration of the term Term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants.
Section 15.03. 13.03 Landlord shall have the right at any time after the completion of the Building, without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: Premises or any part thereof, entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, toilets and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Office Lease (Demandstar Com Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. 10.01 Subject to the provisions of this Article 10, Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board and utility companies and other service providers servicing the Building, the Unit and/or the Common Elements to erect, use and maintain pipes and conduits in and through the wallsDemised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to the ceiling or below extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the floors same service, do not cost materially more (unless Tenant, after being advised of the incremental cost, agrees to pay such cost to Landlord) and do not inconvenience other tenants of the Building (by more than a de minimis extent) for the pipes and conduits outside of the Demised Premises. Landlord, or its agents or designee Tenant shall have the rightright to require Landlord to use such alternative locations. Subject to the provisions of this Article 10, on prior written notice (except no notice in an emergency)Landlord and agents, representatives, contractors and employees of Landlord and any Condominium Board shall have the right to enter the Demised Premises upon prior reasonable notice (except in an emergency, in which event Landlord shall endeavor to give such notice as is reasonably practicable under the circumstances) during Business Hours (unless such entry is reasonably likely to adversely affect Tenant’s ability to conduct its business in any substantial or material portion of the Premises or otherwise adversely affect Tenant’s use or occupancy of any substantial or material portion of the Premises, in which event such access shall occur at times other than Tenant’s Business Hours), for the purpose of making such repairs or alterations as Landlord or any Condominium Board shall desire, shall be required reasonably require or shall have the right to make under by the provisions of this Lease; and Lease or the Condominium Documents. Landlord shall promptly repair or caused to be repaired any damage caused by such repairs or alterations, including, without limitation, repair (or replacement as necessary) of all Tenant finishes in substantially the same condition existing prior to such damage. Subject to the provisions of this Article 10, Landlord shall also have the right on reasonable prior notice during Business Hours (unless such entry is reasonably likely to adversely affect Tenant’s ability to conduct its business in any substantial or material portion of the Premises or otherwise adversely affect Tenant’s use or occupancy of any substantial or material portion of the Premises, in which event such access shall occur at times other than Tenant’s Business Hours) to enter the Demised Premises Premises, for the purpose of inspecting them or exhibiting them to prospective purchasers purchasers, prospective superior lessors or lessees superior mortgagees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgageesand/or the Unit. Landlord shall, during the progress and each Condominium Board shall be allowed to take such material as shall be required for such day’s work (provided that if excess material does not unreasonably interfere with Tenant’s business and use of any work in the Demised Premises, be allowed to then Landlord and any Condominium Board can take all such reasonable amounts of material as is required for a commercially reasonable period into and upon the Demised Premises during periods when work is in progress (it being expressly understood and agreed that may neither Landlord nor any Condominium Board shall store any materials in the Demised Premises (other than in the freight elevator lobby and mechanical space) during the performance of such work except to the extent that such storage does not unreasonably interfere with Tenant’s business and use of the Demised Premises, without liability to Landlord). Landlord shall clean up or cause to be required for cleaned up all work areas at the repairs end of each day or alterations above mentioned without block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the same constituting an eviction Demised Premises.
10.02 Subject to the provisions of Tenant in whole or in part and this Article 10, throughout the rent reserved shall in no wise xxxxx, except as otherwise provided in Term of this Lease, while said repairs Landlord and any Condominium Board shall have free access to all mechanical installations located in the Unit or alterations are being made. Howeverthe Common Elements, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's businessincluding, provided Landlord without limitation air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not be required construct or place partitions, furniture or other obstructions that interfere with Landlord’s or any Condominium Board’s free access thereto, the proper functioning of the Base Systems or the moving of Landlord’s equipment to employ overtime and from the enclosures containing said installations. Neither Tenant, any Tenant Party nor any contractor, invitee or premium laborlicensee of Tenant shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise affect in any manner such mechanical installations.
Section 15.02. 10.03 During the twelve twenty-one (1221) months prior to the expiration of the term Term of this Lease, if the Term shall not have been extended or renewed, Landlord may exhibit the Demised Premises to prospective tenants, upon prior reasonable notice to Tenant and in coordination with Tenant so as not to unreasonably disrupt Tenant’s business.
Section 15.0310.04 Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access and use or occupancy of the Demised Premises in making any repairs, alterations, additions or improvements and in inspecting and exhibiting the Demised Premises, and all of the foregoing shall be performed by Landlord with all due diligence; provided, however, that Landlord shall have no obligation to employ contractors or labor at so called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense, shall employ contractors or labor at so called overtime or other premium pay rates if necessary to remedy any condition that either (i) results in a denial of reasonable access to the Demised Premises, (ii) threatens the health or safety of any occupant of the Demised Premises, or (iii) unreasonably interferes with Tenant’s ability to conduct its business in the affected portion of the Demised Premises; it being agreed, however, that in no event shall any of the matters set forth in the aforementioned clauses (i), (ii) or (iii) be construed as requiring Landlord to, nor shall Landlord have any obligation to, employ any overtime or premium pay labor in order to complete the Base Building Work or the RTS Build-out Work and/or satisfy the Initial Delivery Conditions, the Occupancy Date Delivery Conditions the Post-Delivery Conditions and/or the RTS Ready for Occupancy Conditions. In all other cases, at Tenant’s request (except that Tenant shall have no right to request that Landlord perform (and Landlord shall have no obligation to perform) any Base Building Work and/or any work necessary to satisfy the Initial Delivery Conditions, the Occupancy Date Delivery Conditions and/or the Post-Delivery Conditions on any overtime or premium pay basis), Landlord shall employ contractors or labor at so called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after demand, an amount equal to the excess (a) the overtime or other premium pay rates, including all fringe benefits and other elements of such pay rates, over (b) the regular pay rates for such labor, including all fringe benefits and other elements of such pay rates. In making any repairs, alterations, additions or improvements, Landlord shall cause its contractors or labor to cover and secure such repair areas and equipment in such a manner to minimize interference with Tenant’s business operations during Business Hours. If more than one occupant of the Unit, including Tenant, is chargeable by Landlord for the same overtime costs and expenses relating to the same work for which Tenant is chargeable, then Tenant shall only be charged for a proportionate share of such overtime costs and expenses, which apportionment shall be based on the amount of overtime work requested by such parties. Landlord shall promptly repair any damage to Tenant’s Property arising out of the performance of operations, maintenance or repairs performed by Landlord, or Landlord’s employees, agents or contractors. Tenant shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant thereforreasonably designate, by written notice to change the arrangement or location Landlord, certain areas of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building wallsincluding, exterior core corridor wallswithout limitation, exterior doors and entrances)any area containing a safe or any central computer or telephone equipment) as secure areas (each, all space in or adjacent a “Secure Area”) to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and which Landlord shall not have access without being accompanied by a representative of Tenant (except in the use thereof, as well as access thereto through the Demised Premises for the purposes case of operation, maintenance, alteration and repairan emergency). However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04provide cleaning services to such Secure Area. Landlord Tenant shall have the right to have a representative accompany Landlord (and persons authorized by Landlord) during any entry into the Premises, including the Enclosed Roof Top Space; it being agreed, however, that such representative shall not be required to be present during any access by Landlord to any portion of the Tenant’s Roof Top Space outside of the Enclosed Roof Top Space. Tenant agrees to have such representative present during Business Hours on Business Days provided Landlord shall give reasonable advance notice of the time it desires access. In addition, Tenant shall keep the Building manager’s office advised of the name and telephone number of the person or agency to be notified on behalf of Tenant in the event of any emergency and shall provide such a representative at all times of the day and night. If such representative shall not be provided at any time after reasonable notice under the circumstances when access to name the Premises shall be required or if in the event of an emergency of Tenant, Landlord shall nevertheless have the right to enter the Premises, provided that during any entry permitted under this Section, Landlord and Landlord’s agents shall accord all due care to Tenant’s Property. Landlord shall not have liability to Tenant for any failure of Landlord to perform any of its obligations hereunder by reason of Landlord’s inability to enter the Premises. Landlord agrees that it shall use reasonable efforts to keep all information obtained by it or its agents during such entry confidential and shall use reasonable efforts to prevent the disclosure of the same. Notwithstanding anything herein to the contrary, in the event that Landlord and/or any Condominium Board or their respective agents, representatives, contractors and employees desire to enter the Demised Premises in order to perform work on portions of the Unit or the Building other than the Demised Premises, then Landlord and/or any Condominium Board, as the case may be, shall have the right to enter the Demised Premises in such case only if it desires is reasonably necessary to enter the Demised Premises in order to perform such work.
10.05 Subject to the rights of any Superior Party, Landlord shall use commercially reasonable efforts to permit Tenant, throughout the Term of this Lease, to have a right of access through all other tenant spaces in the Unit (and other tenants of the Unit and NYTC shall have a right of access through the Demised Premises provided Tenant may require that Tenant be present during such access) as necessary, to change install, service, maintain and repair cables, conduits, risers, piping, etc. running through the Building for which Tenant (or, as applicable, other tenants or NYTC) is (or are) permitted or required to install, service, maintain and repair, provided that the party desiring access (i.e., Tenant, NYTC or other tenants, as applicable) shall (a) provide Landlord and the party whose space is affected with reasonable prior written notice of the need for such access, (b) schedule such access so as not to unreasonably interfere with the affected party’s business or inconvenience other tenants or occupants of the Building or the Unit, (c) install cables, wires, etc. through conduits if such installation is made outside of their respective demised premises and, in such event, Tenant shall only be permitted to use Tenant’s Conduit, (d) repair, at the accessing party’s expense, any damage to the Building, the Unit, the Common Elements or the accessed space arising out of such access and all (e) indemnify and hold the party whose space is affected harmless from and against any cost, claim, liability, damage or expense (including, but not limited to, reasonable attorneys’ fees and disbursements) incurred by such names at any time thereafterparty as a result of permitting such access and work.
Appears in 1 contract
Samples: Lease Agreement (Legg Mason Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises, provided that such pipes and conduits shall be concealed inside the walls and/or ceilings of the Demised Premises. Landlord, or its agents or designee shall, upon reasonable prior oral or written notice to Tenant (unless in the event of emergency, in which case no such notice shall be required) have the right, on prior written notice (except no notice in an emergency), right to enter the Demised Premises during normal business hours for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease, provided that Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's use of the Demised Premises; and shall also have the right (on prior reasonable notice and at reasonable times) to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees to prospective purchasers of the entire Building lessee’s estate under Superior Leases or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any such work in the Demised Premises, be allowed to take take, but in no event shall store, all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.02. During the twelve six (126) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and , provided that access to put so-called "solar film" or other energy-saving installations on the inside and outside Demised Premises shall not be materially impaired as a result of the windowssuch change. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord upon reasonable prior notice (unless in the event of an emergency, in which case no notice shall use reasonable efforts be required) and otherwise subject to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium laborterms set forth herein.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Entry, Right to Change Public Portions of the Building. Section 15.01. 10.1 Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the Demised Premises (provided, however, (i) to the extent such installation cannot be performed behind existing walls, within the ceiling or below installation of any such pipes and/or conduits shall be adjacent to existing walls and, when completed, shall not reduce the floors usable area of the Demised Premises beyond a de minimis amount and (ii) Landlord shall box in any of the foregoing items installed adjacent to existing walls with construction materials substantially similar to those then existing in the affected area(s) of the Premises). Landlord, Landlord or its agents or designee designees shall have the right, on prior written notice (except no notice in an emergency), right to enter the Demised Premises in an emergency at any time, and, at other reasonable times upon reasonable prior notice, for the purpose of making such repairs or alterations to the Demised Premises as Landlord shall desire, shall may be required to make under this Lease or that Landlord shall otherwise have the right to make under pursuant to the provisions of this Lease; . Landlord shall be allowed to take all material into and upon the Demised Premises that may be reasonably required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and except as otherwise expressly provided herein, the rent reserved shall not xxxxx while said repairs or alterations are being made. Throughout the term and, subject to the foregoing, Landlord also shall have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.02. During the twelve thirty (1230) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants. In addition, in the event that at any time during the term of this Lease, Landlord and Tenant shall be engaged in litigation of any nature relating to the termination of this Lease on account of a default by Tenant under this Lease, Landlord shall have the right, during the entire period of such litigation, to enter the Demised Premises at any reasonable time upon reasonable notice for the purpose of showing same to prospective tenants. If Tenant is not present to open and permit an entry into the Demised Premises in the event of an emergency, subject to the other terms of this Article 10, Landlord or Landlord’s agents may enter the same by master key or forcibly and, provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected.
Section 15.03. 10.2 Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, toilets and other like public service portions of the Building; Building (other than entrances to the Premises, including the Private Entrance), provided that same, when completed, shall not materially and adversely affect Tenant’s access to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent .
10.3 Subject to the Demised Premises used for shaftsterms and provisions set forth in Exhibit K attached hereto, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires for any person(s) or tenant(s) and to change any and all such names at any time thereafter.
10.4 Tenant acknowledges that Landlord may, at any time and from time to time during the term of this Lease, perform substantial renovation work in and to the Building and/or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair and/or replacement of the Building’s exterior façade, plaza, setbacks (including the Setbacks), exterior window glass, elevators, electrical systems, heating, air conditioning and ventilating systems, plumbing system, common areas (such as hallways, toilet rooms, etc.) and/or lobby), any of which work may require access to the same from within the Demised Premises. Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s use of, and access to, the Demised Premises for the purposes permitted under this Lease that may be caused by such work. Subject to the terms of Section 10.5 hereof, Tenant hereby waives all claims for damages to its property or its business which may be caused by the effects of any such work.
10.5 In connection with any access to, or work in, the Premises by Landlord pursuant to the terms of this Article 10, (a) Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s business operations, (b) subject to the terms of Section 17.3 hereof, Landlord shall promptly repair, at Landlord’s expense, any damage to Tenant’s property and/or improvements caused by Landlord during the course of such work and/or entry into the Premises, (c) except in the event of an emergency or to perform routine cleaning, repairs and maintenance pursuant to the terms hereof, Landlord shall not enter the Premises unless a representative of Tenant is present, which representative Tenant agrees to have present at the Premises during business hours upon reasonable prior notice from Landlord, which may be telephonic or via electronic mail to Tenant’s facilities director (it being agreed that Landlord shall be permitted to enter the Premises without such representative if such representative is not present at the Premises following such reasonable notice by Landlord) and (d) except in the event of an emergency, Landlord shall comply with Tenant’s reasonable security requirements.
10.6 Subject to the rights of Tenant and other tenants and subtenants of the Building, Tenant (or its subtenants of any tier, as applicable) shall have, throughout the term of this Lease, a right of access through other tenant spaces (and other tenants and their subtenants of any tier, as applicable, shall have a right of access through the Demised Premises) as necessary, to install, service, maintain and repair cables, conduits, risers, piping, etc. running through the Building and/or in connection with the reinforcement of floors for which Tenant (or other tenants or subtenants of any tier, as applicable) is (or are) permitted or required to install, service, maintain and repair, provided, that the party desiring access (i.e., Tenant or other tenants or subtenants of any tier, as applicable) shall (a) provide Landlord and the party whose space is affected with reasonable prior notice of the need for such access, (b) schedule such access so as not to interfere with the affected party’s business or inconvenience other tenants of the Building, (c) repair, at the accessing party’s expense, any damage to the Building or the accessed space arising out of such access and (d) indemnify and hold the party whose space is affected harmless from and against any cost, claim, liability, damage or expense (including reasonable attorneys’ fees) incurred by such party as a result of permitting such access and work. Landlord shall use commercially reasonable efforts to provide such access through the Building common areas (rather than tenantable areas) on all floors of the Building.
Appears in 1 contract
Samples: Lease Agreement (Take Two Interactive Software Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord Landlord, on prior reasonable notice (except no notice in an emergency) to erect, use and maintain pipes and conduits concealed in and through the walls, within the ceiling or below the floors of the Demised Premises and shall not reduce the usable area of the Demised Premises. Landlord, or its agents or designee shall have the right, on at least twenty-four (24) hours prior written notice (except no notice in an emergency), to enter the Demised Premises for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease; and shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make perform such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor. Landlord shall, at its expense, (i) restore any damage to the Demised Premises occurring during any such entry into the Demised Premises for such purpose, (ii) replace any personalty of Tenant, its employees and officers, which is damaged, lost or misappropriated during any such entry, and (iii) maintain Landlord's work area in a neat and clean condition and restore the Demised Premises to the condition which existed prior to any such entry at the conclusion of such work.
Section 15.02. During the twelve eighteen (1218) months prior to the expiration of the term of this Lease, as the same may be extended, Landlord may exhibit the Demised Premises to prospective tenants.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and , provided the same does not unreasonably interfere with Tenant's access to put so-called "solar film" or other energy-saving installations on the inside and outside use of the windowsDemised Premises. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Lease Agreement (TMP Worldwide Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the wallsDemised Premises. All such pipes and conduits shall either be concealed above the suspended ceiling area, or within the ceiling demising walls or below installed in the floors service columns, or shall be installed along the walls of the Demised Premises and appropriately enclosed, where feasible. In the event the construction deprives the Tenant of the use of a material or substantial portion of the usable area of the Demised Premises (other than on a temporary basis), the Tenant shall be entitled to an pro rata abatement of rent for the space so permanently taken. Landlord agrees that in the event more than fifty percent (50%) of the Demised Premises is permanently taken pursuant to this Article 15 and such taking materially interferes with Tenant's ability to conduct its business in the balance of the Demised Premises, Tenant shall, within thirty (30) days after such permanent taking, have the right to cancel and terminate this Lease upon written notice to Landlord. Landlord, Landlord or its agents or designee designees shall have the right, on prior written but only upon reasonable notice (except in emergencies, in which event no notice in an emergency)shall be required) given to Tenant or any authorized employee of Tenant at the Demised Premises, to enter the Demised Premises at reasonable times during business hours, for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or as Landlord shall have the right to make under by the provisions of this Lease; and shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, shall be allowed to take all material into and upon the Demised Premises that may be required for the repairs or and alterations above mentioned without the same constituting an eviction of Tenant in whole or in part part, and the rent reserved hereunder shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made, by reason of loss or interruption of the business of Tenant because of the prosecution of any such work, or otherwise. However, Landlord shall use reasonable efforts agrees to make do any work pursuant to this Article in such repairs or alterations in a manner so as not to minimize its interference unreasonably interfere with the normal conduct of Tenant's business, provided Landlord shall not be required to employ no additional costs, for labor at overtime or premium laborrates, or otherwise, are incurred thereby.
Section 15.02. During the twelve six (126) months prior to the expiration of the term Term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants. Landlord shall also have the right to enter the Demised Premises for the purpose of inspecting the same or exhibiting the same to prospective purchasers or lessees of the entire Building or to prospective mortgagees of the property of which the Demised Premises forms a part. The holders of any mortgage of Landlord's interest in the property, or such holders' agents or designees, shall also have such right of inspection for itself and for any prospective assignees of any such mortgagees. Landlord agrees, to the extent practicable, to give Tenant reasonable prior notice of any exhibition or inspection pursuant to this Section 15.02 and to perform any such exhibition or inspection at times convenient to Tenant and in a manner so as to minimize interference with Tenant's business.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised PremisesPremises or any part thereof: entrances, passageways, elevators, doors and doorways, corridors, elevators, stairs, toilets, toilets and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Entry, Right to Change Public Portions of the Building. Section 15.01. 10.1 Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises. Landlord, Landlord or its agents or designee designees shall have the right, on prior written notice (except no notice in an emergency), right to enter the Demised Premises in an emergency at any time, and, at other reasonable times, upon reasonably prior notice, for the purpose of making such repairs or alterations to the Demised Premises as Landlord may deem necessary and reasonably desirable or that Landlord shall desire, shall be required or shall otherwise have the right to make under pursuant to the provisions of this Lease; and shall also have Lease or any other lease for premises in the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgageesBuilding. Landlord shall, during the progress of any work in the Demised Premises, shall be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable commercially reasonably efforts to make complete any such repairs or alterations work in a manner to minimize its interference with the normal conduct minimizing disruption of Tenant's business’s use of the Demised Premises during business hours, provided however, in no event shall Landlord shall not be required to employ overtime any “overtime” labor or pay any “overtime” or other premium labor.
Section 15.02pay rate in connection with such work. Throughout the term and, subject to the foregoing, Landlord also shall have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the Building or to prospective mortgagees or to prospective assignees of any such mortgagees. During the twelve (12) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants. In addition, in the event that at any time during the term of this Lease, Tenant shall be in default beyond any applicable grace or notice period in the payment of Fixed Rent or additional rent Tenant under this Lease or if Landlord shall obtain a judgment against Tenant as a result of Tenant’s default under this Lease, Landlord shall have the right to enter the Demised Premises at any time, whether or not Tenant or its agent or representative is present, for the purpose of showing same to prospective tenants. If Tenant is not present to open and permit an entry into the Demised Premises, Landlord or Landlord’s agents may enter the same whenever such entry may be necessary or permissible by master key and, provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom Landlord may immediately enter, alter, renovate or redecorate the Demised Premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligations hereunder.
Section 15.03. 10.2 Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, toilets and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. 10.3 Landlord shall have the right at any time to name the Building as it desires for any person(s) or tenant(s) and to change any and all such names at any time thereafter.
10.4 Tenant acknowledges that Landlord may, at any time and from time to time during the term of this Lease, perform substantial renovation work in and to the Building and/or the mechanical systems serving the Building (which work may include, but need not be limited to, the repair and/or replacement of the Building’s exterior facade, setbacks, exterior window glass, elevators, electrical systems, heating, air conditioning and ventilating systems, plumbing system, common areas (such as hallways, restrooms, etc.) and/or lobby), any of which work may require access to the same from within the Demised Premises. Landlord shall use reasonable efforts (without being obligated to employ overtime labor or to incur any extraordinary costs in connection therewith) to minimize any interference with Tenant’s use of the Demised Premises for the purposes permitted under this Lease that may be caused by such work. Tenant hereby accepts such conditions as modifications and limitations on its right to use the Demised Premises.
Appears in 1 contract
Entry, Right to Change Public Portions of the Building. Section 15.0116.01. Tenant shall permit Landlord to erectinstall, use and maintain pipes additional utility and other pipes, ducts, lines, flues and conduits in and through the Demised Premises, provided that such installations are concealed within the permanent structural walls, within floors, columns and ceilings of the ceiling Demised Premises and in the shafts provided in the Demised Premises for such installations and do not materially damage the appearance or below reduce the floors floor area of the Demised Premises or affect Tenant’s layout, and provided further that the installation work is performed at such times and in such manner as to create the least practicable interference with Tenant’s use of the Demised Premises; it being agreed however that the foregoing shall in no event obligate Landlord to do such work on an “overtime” basis.
16.02. Landlord, or its agents or designee shall have the right, on prior written notice (except no notice in an emergency), to enter the Demised Premises for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease; enter and shall also have the right to enter pass through the Demised Premises or any part or parts thereof,
(i) to examine the Demised Premises and to show them to the fee owners, grantors or lessors of underlying or ground leases or mortgagees and to prospective purchasers, mortgagees or lessees of the Building as an entirety, and
(ii) for the purpose of inspecting them performing such maintenance and making such repairs or exhibiting them changes in or to prospective purchasers the Demised Premises or lessees of in or to the entire Building or its facilities as may be provided for or permitted by this Lease or as may be mutually agreed upon by the parties or as Landlord may be required to prospective mortgagees or to prospective assignees make by laws and requirements of any such mortgageespublic authorities. Landlord shall, during the progress of any work in the Demised Premises, shall be allowed to take all material materials into and upon the Demised Premises that may be required for such repairs, changes or maintenance, without being deemed thereby to evict Tenant from the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or any part of the Demised Premises. Landlord’s rights under this Section 16.02 shall be exercised at reasonable times and upon reasonable notice (except in part the case of emergency work under clause (ii) above) and in such manner as to create the rent reserved least practicable interference with Tenant’s use of the Demised premises; provided, however, that the foregoing shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being madenot obligate Landlord to perform such work outside of Operating Hours.
16.03. However, Landlord shall use reasonable efforts also have the right to make enter on and pass through the Demised Premises, or any part thereof, at such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord times as such entry shall not be required to employ overtime or premium labor.
Section 15.02. During the twelve (12) months prior to the expiration by circumstances of the term of this Lease, Landlord may exhibit emergency affecting the Demised Premises to prospective tenantsor the Building. In such event, if practicable, Landlord or its agents shall be accompanied by a designated representative of Tenant or a member of the police, fire, water or other municipal department concerned or of a recognized protection company or of a public utility which is concerned.
Section 15.0316.04. Landlord upon 10 days’ written notice to Tenant shall have the right at any time without thereby creating an any actual or constructive eviction or incurring any liability to Tenant therefor, and without abatement in rent, to change the arrangement or location of such of the following as are not contained within the Demised Premises: lobbies, entrances, passageways, doors and doors, doorways, corridorsstairways, elevators, stairs, toilets, corridors and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and Building outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent provided that such change does not interfere with Tenant’s access to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part or effect a material reduction in the useable area of the Demised Premises and or in the services which Landlord shall have is obligated to provide hereunder.
16.05. Landlord may access Building equipment on the use thereof, as well as access thereto through floors in which the Demised Premises for are located, subject however to the purposes terms and conditions of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium laborSection 16.02 above.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Lease (Langer Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises. Landlord, or its agents or designee shall have the right, on prior written notice (except no notice in an emergency)) and at reasonable times, to enter the Demised Premises for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease, provided such work is made in a manner not to unreasonably interfere with Tenant's regular business operations in the Demised Premises; and shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.02. During the twelve (12) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenantsTenants.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and , provided such changes do not interfere with Tenant's access to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Lease (Ultrafem Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises. Landlord, or its agents or designee shall have the right, on prior written notice (except no notice in an emergency), right to enter the Demised Premises at reasonable times and on reasonable notice (or at any time without notice in an emergency) for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease; and shall also have the right (on prior reasonable notice and at reasonable times) to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees to prospective purchasers of the entire Building lessee's estate under Superior Leases or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any such work in the Demised Premises, be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, abate while said repairs or alterations are being made. However, Landlord Lanxxxxx shall use reasonable efforts to make such repairs or alterations in a an manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.02. During the twelve (12) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants, at reasonable times and on reasonable notice.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair, provided the same does not materially adversely interfere with Tenant's use of, access to or egress from the Demised Premises, and so long as the number of elevators servicing the floor of the Demised Premises is not reduced, except temporarily for alterations, remodeling or repairs. However, Landlord shall use reasonable efforts to make perform all such repairs or alterations work in a manner to minimize its that minimizes interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor. However, if Landlord does any work or alterations in the 27th floor common area hallway, Landlord, at Landlord's expense, shaxx xxxxxxxxxx xxxxxxx xxx xxxx xx xxxxxxntially the same condition as it was prior to such work or alterations.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Lease (Escala Group Inc)
Entry, Right to Change Public Portions of the Building. Section 15.01. 10.01 Subject to the provisions of this Article 10, Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board and utility companies and other service providers servicing the Building, the Unit and/or the Common Elements to erect, use and maintain pipes and conduits in and through the wallsDemised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to the ceiling or below extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the floors same service, do not cost materially more (unless Tenant, after being advised of the incremental cost, agrees to pay such cost to Landlord) and do not inconvenience other tenants of the Building (by more than a de minimis extent) for the pipes and conduits outside of the Demised Premises. Landlord, or its agents or designee Tenant shall have the rightright to require Landlord to use such alternative locations. Subject to the provisions of this Article 10, on prior written notice (except no notice in an emergency)Landlord and agents, representatives, contractors and employees of Landlord and any Condominium Board shall have the right to enter the Demised Premises upon prior reasonable notice (except in an emergency, in which event Landlord shall endeavor to give such notice as is reasonably practicable under the circumstances) during Business Hours (unless such entry is reasonably likely to adversely affect Tenant’s ability to conduct its business in any substantial or material portion of the Premises or otherwise adversely affect Tenant’s use or occupancy of any substantial or material portion of the Premises, in which event such access shall occur at times other than Tenant’s Business Hours), for the purpose of making such repairs or alterations as Landlord or any Condominium Board shall desire, shall be required reasonably require or shall have the right to make under by the provisions of this Lease; and Lease or the Condominium Documents. Landlord shall promptly repair or caused to be repaired any damage caused by such repairs or alterations, including, without limitation, repair (or replacement as necessary) of all Tenant finishes in substantially the same condition existing prior to such damage. Subject to the provisions of this Article 10, Landlord shall also have the right on reasonable prior notice during Business Hours to enter the Demised Premises Premises, for the purpose of inspecting them or exhibiting them to prospective purchasers purchasers, prospective superior lessors or lessees superior mortgagees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgageesand/or the Unit. Landlord shall, during the progress of any work in the Demised Premises, and each Condominium Board shall be allowed to take all such material as shall be required for such day’s work (provided that if excess material does not unreasonably interfere with Tenant’s business and use of the Demised Premises), then Landlord and any Condominium Board can take such reasonable amounts of material as is required for a commercially reasonable period into and upon the Demised Premises during periods when work is in progress (it being expressly understood and agreed that may neither Landlord nor any Condominium Board shall store any materials in the Demised Premises (other than in the freight elevator lobby and mechanical space or, with respect to the Private Shuttle Elevator Work, in the Private Shuttle Elevator Work Areas) during the performance of such work except to the extent that such storage does not unreasonably interfere with Tenant’s business and use of the Demised Premises, without liability to Landlord). Landlord shall clean up or cause to be required for cleaned up all work areas at the repairs end of each day or alterations above mentioned without block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the same constituting an eviction Demised Premises; it being acknowledged by Tenant that during the performance of Tenant in whole or in part the Private Shuttle Elevator Work, the Private Shuttle Elevator Work Areas shall be deemed to not so unreasonably interfere with Tenant’s business and use of the rent reserved shall in no wise xxxxxPremises.
10.02 Subject to the provisions of this Article 10, except as otherwise provided in throughout the Term of this Lease, while said repairs Landlord and any Condominium Board shall have free access to all mechanical installations located in the Unit or alterations are being made. Howeverthe Common Elements, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's businessincluding, provided Landlord without limitation air-cooling, fan, ventilating and machine rooms and electrical closets, and Tenant shall not be required construct or place partitions, furniture or other obstructions that interfere with Landlord’s or any Condominium Board’s free access thereto, the proper functioning of the Base Systems or the moving of Landlord’s equipment to employ overtime and from the enclosures containing said installations. Neither Tenant, nor any Tenant Party or premium laborRelated Entity, nor any contractor, invitee or licensee of Tenant shall at any time enter the said enclosures or tamper with, adjust, touch or otherwise affect in any manner such mechanical installations.
Section 15.02. 10.03 During the twelve twenty-one (1221) months prior to the expiration of the term Term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants, upon prior reasonable notice to Tenant and in coordination with Tenant so as not to unreasonably disrupt Tenant’s business.
Section 15.0310.04 Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s access and use or occupancy of the Demised Premises in making any repairs, alterations, additions or improvements and in inspecting and exhibiting the Demised Premises, and all of the foregoing shall be performed by Landlord with all due diligence; provided, however, that Landlord shall have no obligation to employ contractors or labor at so called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense, shall employ contractors or labor at so called overtime or other premium pay rates if necessary to remedy any condition that either (i) results in a denial of reasonable access to the Demised Premises, (ii) threatens the health or safety of any occupant of the Demised Premises, or (iii) unreasonably interferes with Tenant’s ability to conduct its business in the affected portion of the Demised Premises; it being agreed, however, that in no event shall any of the matters set forth in the aforementioned clauses (i), (ii) or (iii) be construed as requiring Landlord to, nor shall Landlord have any obligation to, employ any overtime or premium pay labor in order to complete any Landlord’s Work. In all other cases, at Tenant’s request (except that Tenant shall have no right to request that Landlord perform (and Landlord shall have no obligation to perform) any Landlord’s Work on any overtime or premium pay basis), Landlord shall employ contractors or labor at so called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements, provided Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after demand, an amount equal to the excess (a) the overtime or other premium pay rates, including all fringe benefits and other elements of such pay rates, over (b) the regular pay rates for such labor, including all fringe benefits and other elements of such pay rates. In making any repairs, alterations, additions or improvements, Landlord shall cause its contractors or labor to cover and secure such repair areas and equipment in such a manner to minimize interference with Tenant’s business operations during Business Hours. If more than one occupant of the Unit, including Tenant, is chargeable by Landlord for the same overtime costs and expenses relating to the same work for which Tenant is chargeable, then Tenant shall only be charged for a proportionate share of such overtime costs and expenses, which apportionment shall be based on the amount of overtime work requested by such parties. Landlord shall promptly repair any damage to Tenant’s Property arising out of the performance of operations, maintenance or repairs performed by Landlord, or Landlord’s employees, agents or contractors. Tenant shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant thereforreasonably designate, by written notice to change the arrangement or location Landlord, certain areas of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building wallsincluding, exterior core corridor wallswithout limitation, exterior doors and entrances)any area containing a safe or any central computer or telephone equipment) as secure areas (each, all space in or adjacent a “Secure Area”) to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and which Landlord shall not have access without being accompanied by a representative of Tenant (except in the use thereof, as well as access thereto through the Demised Premises for the purposes case of operation, maintenance, alteration and repairan emergency). However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04provide cleaning services to such Secure Area. Landlord Tenant shall have the right to have a representative accompany Landlord (and persons authorized by Landlord) during any entry into the Premises; it being agreed, however, for avoidance of doubt, that such representative shall not be required to be present during any access by Landlord to any portion of the Tenant’s Roof Top Space. Tenant agrees to have such representative present during Business Hours on Business Days provided Landlord shall give reasonable advance notice of the time it desires access. In addition, Tenant shall keep the Building manager’s office advised of the name, email and telephone number of the person or agency to be notified on behalf of Tenant in the event of any emergency and shall provide such a representative at all times of the day and night. If such representative shall not be provided at any time after reasonable notice under the circumstances when access to name the Premises shall be required or if in the event of an emergency of Tenant, Landlord shall nevertheless have the right to enter the Premises, provided that during any entry permitted under this Section, Landlord and Landlord’s agents shall accord all due care to Tenant’s Property. Landlord shall not have liability to Tenant for any failure of Landlord to perform any of its obligations hereunder by reason of Landlord’s inability to enter the Premises. Landlord agrees that it shall use reasonable efforts to keep all information obtained by it or its agents during such entry confidential and shall use reasonable efforts to prevent the disclosure of the same. Notwithstanding anything herein to the contrary, in the event that Landlord and/or any Condominium Board or their respective agents, representatives, contractors and employees desire to enter the Demised Premises in order to perform work on portions of the Unit or the Building other than the Demised Premises, then Landlord and/or any Condominium Board, as the case may be, shall have the right to enter the Demised Premises in such case only if it desires is reasonably necessary to enter the Demised Premises in order to perform such work.
10.05 Subject to the rights of any Superior Party, Landlord shall use commercially reasonable efforts to permit Tenant, throughout the Term of this Lease, to have a right of access through all other tenant spaces in the Unit (and other tenants of the Unit and NYTC shall have a right of access through the Demised Premises provided Tenant may require that Tenant be present during such access) as necessary, to change install, service, maintain and repair cables, conduits, risers, or piping, running through the Building for which Tenant (or, as applicable, other tenants or NYTC) is (or are) permitted or required to install, service, maintain and repair, provided that the party desiring access (i.e., Tenant, NYTC or other tenants, as applicable) shall (a) provide Landlord and the party whose space is affected with reasonable prior written notice of the need for such access, (b) schedule such access so as not to unreasonably interfere with the affected party’s business or inconvenience other tenants or occupants of the Building or the Unit, (c) install such cables or wires, through conduits if such installation is made outside of their respective demised premises and, in such event, Tenant shall only be permitted to use Tenant’s Conduit, (d) repair, at the accessing party’s expense, any damage to the Building, the Unit, the Common Elements or the accessed space arising out of such access and all (e) indemnify and hold the party whose space is affected harmless from and against any cost, claim, liability, damage or expense (including, but not limited to, reasonable attorneys’ fees and disbursements) incurred by such names at party as a result of permitting such access and work. Any conduit, pipe or wire that Tenant, pursuant to the terms of this Lease, is permitted to install in the ceiling of a floor immediately below any time thereafterfloor of the Premises shall be installed as tightly as reasonably possible in accordance with good construction practices to the underside of the slab so as to minimize any unreasonable interference with existing or future alterations by another tenant on such floor, and otherwise shall be installed in a neat and organized manner.
Appears in 1 contract
Samples: Lease Agreement (Datadog, Inc.)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the wallsDemised Premises. All such pipes and conduits shall either be concealed above the suspended ceiling area, or within the ceiling demising walls or below installed in the floors service columns, or shall be installed along the walls of the Demised PremisesPremises and appropriately enclosed, where feasible. In the event the construction deprives the Tenant of the use of a material or substantial area (other than on a temporary basis), the Tenant shall be entitled to an abatement of rent for the space so permanently taken. Landlord agrees that in the event that more than fifteen (15%) percent of the Demised Premises is permanently taken pursuant to this Article 15, Tenant shall within thirty (30) days after such permanent taking have the right to cancel and terminate this Lease upon written notice to Landlord, . Landlord or its agents or designee designees shall have the right, on prior written notice (but only upon reasonable notice, except no notice in an emergency)emergencies, given to Tenant or any authorized employee of Tenant at the Demised Premises, to enter the Demised Premises at reasonable times during business hours, for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under by the provisions of this Lease; and Lease and, subject to the foregoing, shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees of the property of which the Demised Premises are a part. The holder of any mortgage of Landlord's interest in the property, its agents or to designees shall also have such right of inspection for itself and for any prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, shall be allowed to take all material into and upon the Demised Premises that may be required for the repairs or and alterations above mentioned without the same constituting an eviction of Tenant in whole or in part part, and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.reserved
Section 15.02. During the twelve (12) months prior to the expiration of the term Term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised PremisesPremises or any part thereof: entrances, passageways, elevators, doors and doorways, corridors, elevators, stairs, toilets, toilets and other like public service portions of the Building; and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Lease Agreement (Caminus Corp)
Entry, Right to Change Public Portions of the Building. Section 15.01. Tenant shall permit Landlord to erect, use and maintain pipes and conduits in and through the walls, within the ceiling or below the floors of the Demised Premises. Landlord, or its agents or designee shall have the right, on prior written notice (except no notice in an emergency), to enter the Demised Premises for the purpose of making such repairs or alterations as Landlord shall desire, shall be required or shall have the right to make under the provisions of this Lease, provided such work is made in a manner not to unreasonably interfere with Tenant's regular business operations in the Demised Premises; and shall also have the right to enter the Demised Premises for the purpose of inspecting them or exhibiting them to prospective purchasers or lessees of the entire Building or to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord shall, during the progress of any work in the Demised Premises, be allowed to take all material into and upon the Demised Premises that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in whole or in part and the rent reserved shall in no wise xxxxx, except as otherwise provided in this Lease, while said repairs or alterations are being made. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's businessbusiness in and access to the Demised Premises, and shall perform such work in a workmanlike and efficient manner and not cause a reduction of square footage or rearrangement of the Demised Premises, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.02. During the twelve nine (129) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants.
Section 15.03. Landlord shall have the right at any time without thereby creating an actual or constructive eviction or incurring any liability to Tenant therefor, to change the arrangement or location of such of the following as are not contained within the Demised Premises: entrances, passageways, doors and doorways, corridors, elevators, stairs, toilets, and other like public service portions of the Building; , provided such changes do not interfere with Tenant's access to or otherwise constitute a material interference with Tenant's use and to put so-called "solar film" or other energy-saving installations on the inside and outside of the windows. All parts (except surfaces facing the interior occupancy of the Demised Premises) of all walls, windows and doors bounding the Demised Premises (including exterior Building walls, exterior core corridor walls, exterior doors and entrances), all space in or adjacent to the Demised Premises used for shafts, stacks, stairways, chutes, pipes, conduits, ducts, fan rooms, heating, air cooling, plumbing and other mechanical facilities, service closets and other Building facilities are not part of the Demised Premises and Landlord shall have the use thereof, as well as access thereto through the Demised Premises for the purposes of operation, maintenance, alteration and repair. However, Landlord shall use reasonable efforts to make such repairs or alterations in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor.
Section 15.04. Landlord shall have the right at any time to name the Building as it desires and to change any and all such names at any time thereafter.
Appears in 1 contract
Samples: Lease (Constellation 3d Inc)