Common use of Entry, Right to Change Public Portions of the Building Clause in Contracts

Entry, Right to Change Public Portions of the Building. 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 150 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 Demised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the 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, Tenant shall have the right to require Landlord to use such alternative locations. Subject to the provisions of this Article 10, 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 reasonably require or shall have the right to make by the provisions of this 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, for the purpose of inspecting them or exhibiting them to prospective purchasers, prospective superior lessors or superior mortgagees of the Building and/or the Unit. Landlord 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 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 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 cleaned up all work areas at the end of each day or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premises.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Legg Mason Inc)

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Entry, Right to Change Public Portions of the Building. 10.01 Subject to the provisions of this Article 10, Section 15.01. Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board 150 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 Demised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the same service, do not cost materially more (unless Tenant, after being advised of the incremental cost, agrees to pay Premises. All 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 shall either be concealed above the suspended ceiling area, or within the demising walls or installed in the 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 shall, within thirty (30) days after such permanent taking, have the right to require cancel and terminate this Lease upon written notice to Landlord. Landlord to use such alternative locations. Subject to the provisions of this Article 10, Landlord and agents, representatives, contractors and employees of Landlord and any Condominium Board or its agents or designees shall have the right right, but only upon reasonable notice (except in emergencies, in which event no notice shall be required) given to Tenant or any authorized employee of Tenant at the Demised Premises, to enter the Demised Premises upon prior at reasonable notice (except in an emergency, in which event Landlord shall endeavor to give such notice as is reasonably practicable under the circumstances) times 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)hours, for the purpose of making such repairs or alterations as shall be required or as Landlord or any Condominium Board shall reasonably require or shall have the right to make by the provisions of this Lease or the Condominium DocumentsLease. 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, for the purpose of inspecting them or exhibiting them to prospective purchasers, prospective superior lessors or superior mortgagees of the Building and/or the Unit. Landlord and each Condominium Board shall be allowed to take such all 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 that may be required for the repairs and alterations above mentioned without the same constituting an eviction of Tenant in whole or in 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. Landlord agrees to do any work is pursuant to this Article in progress (it being expressly understood and agreed that 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 a manner so as not to the extent that such storage does not unreasonably interfere with Tenant’s business and use of the Demised Premises's business, without liability to Landlord). Landlord shall clean up provided no additional costs, for labor at overtime or cause to be cleaned up all work areas at the end of each day premium rates, or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premisesotherwise, are incurred thereby.

Appears in 1 contract

Samples: Medialink Worldwide Inc

Entry, Right to Change Public Portions of the Building. 10.01 Subject to the provisions of this Article 10, Section 15.01. Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board 150 and utility companies and other service providers servicing the Building, the Unit and/or the Common Elements 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 in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to shall not reduce the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the 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 usable area of the Demised Premises. Landlord, Tenant or its agents or designee shall have the right to require Landlord to use such alternative locations. Subject to the provisions of this Article 10right, Landlord and agentson at least twenty-four (24) hours prior written notice (except no notice in an emergency), 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 reasonably require desire, shall be required or shall have the right to make by under the provisions of this 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 Lease; and 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, prospective superior lessors purchasers or superior mortgagees lessees of the Building and/or the Unitor to prospective mortgagees or to prospective assignees of any such mortgagees. Landlord and each Condominium Board shall shall, during the progress of any work in the Demised Premises, be allowed to take such all 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 that may be required for the repairs or alterations above mentioned without the same constituting an eviction of Tenant in progress 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 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, (it being expressly understood and agreed that neither Landlord nor i) restore any Condominium Board shall store any materials in damage to the Demised Premises occurring during any such entry into the Demised Premises for such purpose, (other than 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 freight elevator lobby and mechanical space) during Demised Premises to the performance condition which existed prior to any such entry at the conclusion 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 cleaned up all work areas at the end of each day or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premiseswork.

Appears in 1 contract

Samples: Indenture of Lease (TMP Worldwide Inc)

Entry, Right to Change Public Portions of the Building. 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 150 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 Demised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the 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, Tenant shall have the right to require Landlord to use such alternative locations. Subject to the provisions of this Article 10, 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 reasonably require or shall have the right to make by the provisions of this 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, for the purpose of inspecting them or exhibiting them to prospective purchasers, prospective superior lessors or superior mortgagees of the Building and/or the Unit. Landlord 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 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 neither Landlord nor any Condominium Board shall store any materials in the Demised Premises (other than in the freight elevator lobby and mechanical spacespace 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 cleaned up all work areas at the end of each day or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premises; it being acknowledged by Tenant that during the performance of 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 Premises.

Appears in 1 contract

Samples: Datadog, Inc.

Entry, Right to Change Public Portions of the Building. 10.01 Subject to the provisions of this Article 10, 10.1 Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board 150 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 Demised Premises in concealed locations beneath floors, behind core Premises. Landlord or perimeter walls its agents or within existing column enclosures and above ceilings; provided, however, to the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the 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, Tenant shall have the right to require Landlord to use such alternative locations. Subject to the provisions of this Article 10, Landlord and agents, representatives, contractors and employees of Landlord and any Condominium Board designees shall have the right to enter the Demised Premises upon prior reasonable notice (except in an emergencyemergency at any time, in which event Landlord shall endeavor to give such notice as is and, at other reasonable times, upon 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)prior notice, for the purpose of making such repairs or alterations to the Demised Premises as Landlord may deem necessary and reasonably desirable or any Condominium Board that Landlord shall reasonably require or shall otherwise have the right to make by pursuant to the provisions of this Lease or any other lease for premises in the Condominium DocumentsBuilding. Landlord shall promptly repair or caused be allowed to take all material into and upon the Demised Premises that may be repaired any damage caused by such required for the repairs or alterations, including, alterations above mentioned without limitation, repair (or replacement as necessary) of all Tenant finishes in substantially the same condition existing prior 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. Landlord shall use commercially reasonably efforts to complete any such damagework in a manner minimizing disruption of Tenant’s use of the Demised Premises during business hours, however, in no event shall Landlord be required to employ any “overtime” labor or pay any “overtime” or other premium pay rate in connection with such work. Subject Throughout the term and, subject to the provisions of this Article 10foregoing, Landlord also 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, prospective superior lessors purchasers or superior mortgagees lessees of the Building and/or or to prospective mortgagees or to prospective assignees of any such mortgagees. During the Unittwelve (12) months prior to the expiration of the term of this Lease, Landlord may exhibit the Demised Premises to prospective tenants. Landlord and each Condominium Board In addition, in the event that at any time during the term of this Lease, Tenant shall be allowed to take such material 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 shall be required for such day’s work (provided that if excess material does not unreasonably interfere with a result of Tenant’s business 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 use of permit an entry into the Demised Premises, then Landlord and 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 Condominium Board can take such reasonable amounts event shall the obligations of material as is required for a commercially reasonable period into and upon 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 during periods when work is in progress (it being expressly understood without limitation or abatement of rent, or incurring liability to Tenant for any compensation and agreed that neither Landlord nor any Condominium Board such act 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 have no effect on this lease or Tenant’s business and use of the Demised Premises, without liability to Landlord). Landlord shall clean up or cause to be cleaned up all work areas at the end of each day or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premisesobligations hereunder.

Appears in 1 contract

Samples: Agreement (Lev Pharmaceuticals Inc)

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Entry, Right to Change Public Portions of the Building. 10.01 Subject to the provisions of this Article 10, Section 15.01. Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board 150 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 Demised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; provided, however, to the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements), provide substantially the same service, do not cost materially more (unless Tenant, after being advised of the incremental cost, agrees to pay Premises. All 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 shall either be concealed above the suspended ceiling area, or within the demising walls or installed in the 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 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 designees shall have the right, but only upon reasonable notice, except in emergencies, given to Tenant or any authorized employee of Tenant at the Demised Premises, Tenant shall have the right to require Landlord to use such alternative locations. Subject to the provisions of this Article 10, Landlord and agents, representatives, contractors and employees of Landlord and any Condominium Board shall have the right to enter the Demised Premises upon prior at reasonable notice (except in an emergency, in which event Landlord shall endeavor to give such notice as is reasonably practicable under the circumstances) times 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)hours, for the purpose of making such repairs or alterations as Landlord or any Condominium Board shall reasonably require be required or shall have the right to make by the provisions of this Lease or the Condominium Documents. Landlord shall promptly repair or caused to be repaired any damage caused by such repairs or alterationsand, including, without limitation, repair (or replacement as necessary) of all Tenant finishes in substantially the same condition existing prior to such damage. Subject subject to the provisions of this Article 10foregoing, 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 or lessees of the entire Building or to prospective superior lessors or superior mortgagees of the Building and/or property of which the UnitDemised Premises are a part. The holder of any mortgage of Landlord's interest in the property, its agents or designees shall also have such right of inspection for itself and for any prospective assignees of any such mortgagees. Landlord and each Condominium Board shall be allowed to take such all 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 that may be required for the repairs and alterations above mentioned without the same constituting an eviction of Tenant in progress (it being expressly understood whole or in part, and agreed that 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 cleaned up all work areas at the end of each day or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premises.rent reserved

Appears in 1 contract

Samples: Agreement (Caminus Corp)

Entry, Right to Change Public Portions of the Building. 10.01 Subject to the provisions of this Article 10, 10.1 Tenant shall permit Landlord, agents, representatives, contractors and employees of Landlord and each Condominium Board 150 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 Demised Premises in concealed locations beneath floors, behind core or perimeter walls or within existing column enclosures and above ceilings; (provided, however, (i) to the extent there are alternative locations (which are permitted by Legal Requirements and Insurance Requirements)such installation cannot be performed behind existing walls, provide substantially the same serviceinstallation of any such pipes and/or conduits shall be adjacent to existing walls and, do when completed, shall not cost materially more (unless Tenant, after being advised reduce the usable area of the incremental cost, agrees to pay such cost to Landlord) and do not inconvenience other tenants of the Building (by more than Demised Premises beyond a de minimis extentamount and (ii) for the pipes and conduits outside Landlord shall box in any of the Demised foregoing items installed adjacent to existing walls with construction materials substantially similar to those then existing in the affected area(s) of the Premises, Tenant shall have the right to require ). Landlord to use such alternative locations. Subject to the provisions of this Article 10, Landlord and agents, representatives, contractors and employees of Landlord and any Condominium Board or its agents or designees shall have the right to enter the Demised Premises upon prior reasonable notice (except in an emergencyemergency at any time, 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 Premisesand, in which event such access shall occur at other reasonable times other than Tenant’s Business Hours)upon reasonable prior notice, for the purpose of making such repairs or alterations to the Demised Premises as Landlord may be required to make under this Lease or any Condominium Board that Landlord shall otherwise have the right to make 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 require 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 make by the provisions of this 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, prospective superior lessors purchasers or superior mortgagees lessees of the Building and/or or to prospective mortgagees or to prospective assignees of any such mortgagees. During the Unit. Landlord and each Condominium Board shall be allowed thirty (30) months prior 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 the expiration of the Demised Premisesterm of this Lease, then Landlord and any Condominium Board can take such reasonable amounts of material as is required for a commercially reasonable period into and upon may exhibit the Demised Premises to prospective tenants. In addition, in the event that at any time during periods when work is the term of this Lease, Landlord and Tenant shall be engaged in progress (it being expressly understood and agreed that neither litigation of any nature relating to the termination of this Lease on account of a default by Tenant under this Lease, Landlord nor any Condominium Board shall store any materials in have the right, during the entire period of such litigation, to enter the Demised Premises (other than 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 freight elevator lobby and mechanical space) during the performance event of such work except an emergency, subject to the extent that such storage does not unreasonably interfere with 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 business and use property, such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of the Demised Premises, without liability to Landlord). Landlord shall clean up or cause to Tenant hereunder be cleaned up all work areas at the end of each day or block off such work areas in a manner that does not unreasonably interfere with Tenant’s business and use of the Demised Premisesaffected.

Appears in 1 contract

Samples: Indenture of Lease (Take Two Interactive Software Inc)

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