Inspection; Compliance with Law. Landlord, Landlord’s agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises (“Lenders”) shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times upon reasonable advance notice to Tenant, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Landlord shall be entitled to employ experts and/or consultants in connection therewith to advise Landlord with respect to Tenant’s activities, including but not limited to Tenant’s installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same (and if paid by Landlord, such cost will not be Included In Common Area Operating Expenses), unless a Default or Breach of this Lease by Tenant or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Tenant, is found to exist or to be imminent. or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Tenant shall upon request reimburse Landlord or Landlord’s Lender, as the case may be, for the costs and expenses of such inspections.
Appears in 1 contract
Samples: Lease (Penumbra Inc)
Inspection; Compliance with Law. Landlord, Landlord’s 's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises Security Device (“"Lenders”") shall have the right to enter the Premises at any time in the case of an emergencyemergency (provided that Landlord shall be given Tenant notice of Landlord's entry into the Premises promptly after such entry), and otherwise at reasonable times and upon reasonable advance notice to Tenantnotice, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Lease and all Applicable Requirements (as defined in Paragraph 6.3)Requirements, and Landlord shall be entitled to employ experts and/or consultants in connection therewith to advise Landlord with respect to Tenant’s activities, including but not limited 's activities relating to Tenant’s 's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. Except the case of any emergency, Tenant shall be permitted to have a representative of Tenant accompany such inspections, provided that the non-availability of a Tenant representative shall not delay or prevent Landlord from performing such an inspection. The costs and expenses of any such inspections shall be paid by the party requesting same (and if paid by Landlord, such cost will not be Included In Common Area Operating Expenses)the same, unless a Default default or Breach breach of this Lease by Tenant or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Tenant, is found to exist or to be imminent. , or unless the inspection is requested required or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. , In such case, Tenant shall upon request reimburse Landlord or Landlord’s 's Lender, as the case may be, for the Landlord's actual costs and expenses of such inspectionsinspections reasonably incurred by Landlord.
Appears in 1 contract
Samples: Office R&d Lease (Protein Polymer Technologies Inc)
Inspection; Compliance with Law. Landlord, Landlord’s 's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises (“"Lenders”") shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times upon reasonable advance notice to Tenanttimes, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Lease and all Applicable Requirements (as defined in Paragraph 6.3)Requirements, and Landlord shall be entitled to employ experts and/or consultants in connection therewith to advise Landlord with respect to Tenant’s 's activities, including but not limited to Tenant’s 's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same (and if paid by Landlord, such cost will not be Included In Common Area Operating Expenses)same, unless a Default or Breach of this Lease by Tenant or a violation of Applicable Requirements or a contamination, caused or materially contributed to by Tenant, is found to exist or to be imminent. , or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contaminationcontamination (an "Event of Noncompliance"). In such casean Event of Non-compliance, Tenant shall upon request reimburse Landlord or Landlord’s LenderLenders, as the case may be, for the costs and expenses of such inspections. Further, in an Event of Noncompliance, Landlord will have the right, but not the obligation, in addition to Landlord's other remedies available at law and in equity, to enter upon the Premises immediately and take such action as Landlord in its sole judgment deems appropriate to remediate any actual or threatened contamination caused by an Event of Non-compliance.
Appears in 1 contract
Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)
Inspection; Compliance with Law. LandlordLessor, Landlord’s Lessor's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises (“Lenders”"LENDERS") shall have the right to enter the Premises at any time in the case of an emergency, except that in an emergency, Lessor shall use its best efforts to provide reasonable notice, and otherwise at reasonable times upon reasonable advance times, with at least forty-eight (48) hours prior notice to TenantLessee, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant Lessee with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Landlord Lessor shall be entitled to employ experts and/or consultants in connection therewith to advise Landlord Lessor with respect to Tenant’s Lessee's activities, including but not limited to Tenant’s Lessee's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same (and if paid by Landlord, such cost will not be Included In Common Area Operating Expenses)same, unless a Default or Breach of this Lease by Tenant Lessee or a violation of Applicable Requirements or a contamination, caused or materially contributed to by TenantLessee, is found to exist or to be imminent. , or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Tenant Lessee shall upon request reimburse Landlord Lessor or Landlord’s Lessor's Lender, as the case may be, for the costs and expenses of such inspections. In the event of any entry by Lessor onto the Premises pursuant to this paragraph 6.4, Lessor shall use its best efforts not to interfere with Lessee's business operations.
Appears in 1 contract
Samples: Lease Agreement (Medibuy Com Inc)
Inspection; Compliance with Law. LandlordLessor, Landlord’s Lessor's agents, employees, contractors and designated representatives, and the holders of any mortgages, deeds of trust or ground leases on the Premises (“Lenders”"LENDERS") shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times upon reasonable advance notice to Tenanttimes, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant Lessee with this Lease and all Applicable Requirements (as defined in Paragraph 6.3), and Landlord Lessor shall be entitled to employ experts and/or consultants in connection therewith to advise Landlord Lessor with respect to Tenant’s Lessee's activities, including but not limited to Tenant’s Lessee's installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance on or from the Premises. Notwithstanding anything herein to the contrary, and in addition to the foregoing, Lessee shall also provide to Lessor, at Lessee's sole cost and expense, within thirty (30) days of the termination of this Lease, a Phase I Environmental Report for the Premises (which may consist of an updated pre-existing Phase I Environmental Site Assessment covering the Premises), dated as of the expiration of the Lease Term, and to be performed by a company reasonably acceptable to Lessor. The costs and expenses of any such inspections shall be paid by the party requesting same (and if paid by Landlord, such cost will not be Included In Common Area Operating Expenses)same, unless a Default or Breach of this Lease by Tenant Lessee or a violation of Applicable Requirements or a contamination, caused or materially contributed to by TenantLessee, is found to exist or to be imminent. , or unless the inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination. In such case, Tenant Lessee shall upon request reimburse Landlord Lessor or Landlord’s Lessor's Lender, as the case may be, for the costs and expenses of such inspections. Lessee acknowledges that Lessor has previously delivered to Lessee that certain Phase I Environmental Report prepared by Dames and Moorx, xxted October 24, 1996 and entitled "Phase I Environmental Site Assessment Update," which report summarizes the environmental status of the Premises and has been reviewed and approved by Lessee (the "Environmental Report"). After the Effective Date, but no later than June 15, 1997, Lessor shall conduct an "Entrance Assessment," consisting of a walk-through inspection and update of the Environmental Report, for the Premises only, performed by Dames and Moorx, xxe-half of such Entrance Assessment which shall be paid for at Lessor's cost and expense (which obligation shall not exceed $700), the remainder of the costs of which shall be deducted from Lessee's Tenant Improvement Allowance. In the event such Entrance Assessment indicates the existence of Hazardous Substances on, in or under the Premises, this Lease shall continue in full force and effect subject to the Lessor's obligations and rights under Section 9.7 of this Lease, respectively; provided, however, that the Entrance Assessment shall be deemed the physical condition of the Premises required for Lessee's surrender of the Premises in accordance with Paragraph 7.4(c) below.
Appears in 1 contract
Samples: Commercial Multi Tenant Lease (Cardiodynamics International Corp)