Landlord Access. Landlord, its affiliates, and their respective contractors and agents, subject to the terms of this Section 10.11, may, (a) at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon at least two (2) business days’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Premises to (i) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (ii) supply any service Landlord is required to provide hereunder, (iii) alter, improve or repair any portion of the premises under the Companion Lease for which access to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (vii) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice enter the Premises for the purposes of performing any repairs or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry); provided, however, that Landlord shall comply with Tenant’s reasonable safety procedures and protocols with respect to the Premises, and with respect to portions of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, an eviction of Tenant from the Premises or any portion thereof, or a violation of the provisions of this Section 10.11. Notwithstanding anything herein to the contrary, in the event Tenant notifies Landlord within one (1) business day (which may be oral or by email to the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for Tenant, Landlord and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry of the Premises.
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Samples: Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc)
Landlord Access. Landlord, its affiliates, Except in the case of emergency and their respective contractors and agents, subject to the terms of this Section 10.11foregoing, may, Landlord or Landlord’s agent shall have the right to enter the Leased Premises upon forty-eight (a48) hours prior notice at any and all reasonable times during normal business hours (to examine the same, or during non-business hoursto show the Leased Premises to prospective purchasers or lessees of the Building, if or to make all reasonable repairs, alterations, improvements or additions as Landlord so requests may deem necessary or desirable, to the extent such is necessary to the structure or utility functions of the Building and Tenant consents)does not materially adversely affect the Leased Premises, and Landlord shall be allowed to take all material into and upon at least two (2) business days’ prior notice (which the Leased Premises that may be oral required therefor without the same constituting an eviction of tenant in whole or in part, and the rents reserved shall not xxxxx while such repairs, alterations, improvements, or additions are being made, by email reason of loss or interruption of business of Tenant, or otherwise. Landlord shall have no liability to Tenant for any damages suffered by Tenant and/or to Tenant’s property occur during the required forty-eight (48) hour notice period. During the ninety (90) days prior to the office manager expiration of the Rental Term, or other Tenant-designated individual at any Rental Term extension or renewal thereof, Landlord may exhibit the Premises; but provided that no time restrictions shall apply or advance notice be required if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Leased Premises to (i) inspect prospective tenants and place upon the same and Leased Premises the usual notices “To Let” or “For Rent” which notices Tenant shall permit to determine whether remain thereon without molestation. Notwithstanding anything to the contrary herein, in the event that at any time during the Rental Term, Tenant is in compliance with its obligations hereunder, (ii) supply any service notifies Landlord is required to provide hereunder, (iii) alter, improve or repair that any portion of the premises under Leased Premises has been designated for restricted entry, then Landlord agrees to abide by the Companion Lease for which access restricted entry requirements as Tenant may provide. Notwithstanding the foregoing or anything to or through the Premises is reasonably necessarycontrary in this Lease, (iv) post notices neither Landlord nor any of non-responsibility, (v) show the Premises to current and prospective investorsits agents, lenders and purchasers, and or purchasers (viiactual or prospective) show the Premises, other than the Secure Access Areas, shall at any time during the final eighteen Rental Term (18i) months enter any of the Term laboratory portions of the Leased Premises unless accompanied by a representative of Tenant and in compliance with any reasonable gowning or other protocols required by Tenant to protect the sterile environment, or (provided that Tenant has not timely exercised an Extension Option ii) cause any laboratory equipment to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice enter the Premises for the purposes of performing any repairs or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry)be powered down without Tenant’s consent; provided, however, that Landlord the foregoing requirements shall comply with Tenant’s reasonable safety procedures and protocols with respect to not apply in an emergency or in the Premises, and with respect to portions of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, event that Tenant shall provide fails to make a Tenant representative available to accompany Landlord or its agents, lenders or purchasers (actual or prospective) upon written request from Landlord at least two forty-eight (248) business dayshours’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, an eviction of Tenant from the Premises or any portion thereof, or a violation of the provisions of this Section 10.11. Notwithstanding anything herein to the contrary, in the event Tenant notifies Landlord within one (1) business day (which may be oral or by email to the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for Tenant, Landlord and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry of the Premisesnotice.
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Landlord Access. 11.1 Tenant will permit Landlord, or its affiliatesagents or representatives, and their respective contractors the holder of any Mortgage to enter the Premises, without charge therefor to Landlord and agents, subject to without diminution of the terms of this Section 10.11, mayrent payable by Tenant, (ai) at any to examine, inspect and all protect the Premises, the Building and the Office Building, (ii) to make such alterations, replacements and/or repairs as in Landlord’s reasonable times during normal business hours (judgment may be required by law or during non-business hours, if be necessary in order for Landlord so requests and Tenant consents)to perform its obligations under Article VIII hereof, and upon at least (iii) to otherwise comply with and carry out Landlord’s obligations under this Lease. In connection with any such entry, Landlord shall (A) diligently endeavor to minimize the disruption to Tenant’s use of the Premises, and, in all events, shall not materially interfere with Tenant’s use of, or access to, the Premises for the Permitted Uses, (B) except in the event of emergency, give Tenant reasonable advance written, telephonic or email notice of such entry pursuant to Section 5.4 above, which shall not be less than two (2) business days’ Business Days prior notice (which may be oral or by email to the office manager or other Tenant-designated individual date of entry and (C) diligently endeavor to conduct such entry only during normal working hours (except in the event of an emergency). Tenant may, at its option, require that Landlord be accompanied by a representative of Tenant during any such entry (except in the Premises; but case of emergency), provided that no time restrictions shall apply such representative of Tenant does not interfere with or advance notice be required if a bona fide emergency with an immediate threat to property damage delay Landlord exercising its rights or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Premises to (i) inspect the same and to determine whether Tenant is in compliance with satisfying its obligations hereunder.
11.2 Landlord reserves the right to grant easements, (ii) supply any service rights, and dedications that Landlord is required to provide hereunder, (iii) alter, improve deems necessary or repair any portion desirable for the benefit of the premises under the Companion Lease for which access to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasersProperty, and (vii) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, record personal maps and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice enter the Premises for the purposes of performing any repairs or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry)in connection therewith; provided, however, Landlord shall not enter into any such agreement or grant any such rights that would unreasonably interfere with Tenant’s use or occupancy of, or access to, the Premises in accordance with the Permitted Uses.
11.3 Upon written request by Tenant, Landlord shall grant, subject to Landlord’s rules and regulations and upon commercially reasonable terms, as determined by Landlord in its sole but reasonable discretion, license rights coterminous with the Lease Term to one or more reputable telecommunications utility provider(s) designated by Tenant (any such utility provider, an “Approved Fiber Provider”), to permit any such Approved Fiber Provider to bring such Approved Fiber Provider’s telecommunications fiber, cable and related equipment and facilities from and through conduits [*****] duct banks on the Property (the “Telecommunications Duct Banks”) into [*****] of the Building’s telecommunications points of entry (each, a “XXX”), to provide cross-connects within the Premises and to permit any such Approved Fiber Provider to maintain and operate such cable, fiber and related facilities and equipment on the Property. Landlord agrees that Landlord shall comply not charge Tenant or any Approved Fiber Provider any fee and/or other amount in connection with Tenantany such license granted pursuant to this Section 11.3 (other than direct costs incurred in connection with maintaining and restoring the Property, systems, and equipment directly affected by such license). Tenant shall have the right, subject to Landlord’s reasonable safety procedures rules and protocols with respect regulations, to use the Premises, and with respect to portions of secure telecommunications conduits exclusively serving each Pod in the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of extending from each Pod within the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ POEs within the Building (the “Telecommunications Conduits”) in advanceorder to connect Tenant’s telecommunications network cables and related telecommunications and computer facilities and equipment to the telecommunications equipment and facilities of third parties located within the two (2) POEs (“AFP Telecommunications Facilities”). In no event Tenant shall not be charged any fee for the use of the Telecommunications Duct Banks, the Telecommunications Conduits and/or the POEs in accordance with this Section 11.3. Furthermore, Tenant shall have the right, subject to Article IX above and Landlord’s reasonable rules and regulations, and accompanied by an employee of Landlord or the Management Company or an agent designated by Landlord or the Management Company, to enter the POEs solely to install, use, operate, maintain, inspect, repair, replace and remove telecommunications facilities and equipment reasonably approved by Landlord in order to connect to AFP Telecommunications Facilities located within the POEs, all in locations reasonably designated by Landlord. Tenant acknowledges and agrees that, in connection with its use of the Telecommunications Conduits and the POEs: (a) any of Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted telecommunications network cables and wires entering the POEs must terminate in such a manner so as to cause as little interference to Tenant as is optical cable entrance termination facilities reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises approved by Landlord, provided(b) Tenant may use only non-heat rejecting fiber termination facilities within the POEs, however, that and (c) Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas not materially disrupt, interfere with, or adversely affect (i) in the event operations of a bona fide emergency with an immediate threat to property damage Landlord or personal injury that necessitates immediate entry or other tenants within the Building, (ii) when accompanied by a representative the structure of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, an eviction of Tenant from the Premises or any portion thereofthe Building, and/or (iii) the telecommunications equipment and facilities or a violation other personal property of Landlord or other tenants within the provisions of this Section 10.11Building. Notwithstanding anything herein to the contraryTenant shall be responsible, in the event Tenant notifies Landlord within one at its sole cost and expense, for (1) business day connections to Approved Fiber Providers and for any services provided by Approved Fiber Providers to Tenant and (which may be oral or by email to 2) all costs associated with the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for Tenant, Landlord and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry population of the PremisesTelecommunications Conduits, including the installation of innerducts. [*****].
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Landlord Access. Landlord, its affiliates, and their respective contractors and agents, subject to the terms of this Section 10.11, may, (a) at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon at least two (2) business days’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Premises to (i) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (ii) supply any service Landlord is required to provide hereunder, (iii) alter, improve or repair any portion of the premises under the Companion Lease for which access to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (viivi) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice enter the Premises for the purposes of performing any repairs or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry); provided, however, that Landlord shall comply with Tenant’s reasonable safety procedures and protocols with respect to the Premises, and with respect to portions of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx xxxxx as a result of LxxxxxxxXxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L J shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, an eviction of Tenant from the Premises or any portion thereof, or a violation of the provisions of this Section 10.11. Notwithstanding anything herein to the contrary, in the event Tenant notifies Landlord within one (1) business day (which may be oral or by email to the Landlord-designated individual) following LxxxxxxxXxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for Tenant, Landlord and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry of the Premises.
Appears in 1 contract
Landlord Access. Landlord, its affiliates, and their respective contractors and agents, subject to the terms of this Section 10.11, may, (a) Landlord and its agents shall have the right to enter the Premises at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon at least two (2reasonable notice except in cases of emergency) business days’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Premises to (i) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (ii) supply any service Landlord is required to provide hereunder, (iii) alter, improve or repair any portion of the premises under the Companion Lease for which access to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (vii) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice enter the Premises for the purposes purpose of performing any repairs examining or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry); inspecting the same, provided, however, that Landlord shall comply not inspect the Premises more often than is commercially reasonable unless Landlord has given written notice to Tenant of a specific issue or problem with Tenant’s reasonable safety procedures the Premises which Landlord knows or suspects to be present which, if not cured, would constitute a default under this Lease, to supply any service to be provided by Landlord to Tenant hereunder or any other tenants, to show the same to prospective purchasers of the Property, to show the same to prospective tenants for the Building, and protocols with respect make such alterations, repairs, improvements, or additions, whether structural or otherwise, to the Premises, and with respect Premises or to portions the Building as may be required of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so Lease or as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such otherwise agree. Landlord's entry to the Premises shall not constitute be subject to Tenant's reasonable security procedures in effect from time to time, and may require Landlord and its invitees to be accompanied by a forcible or unlawful entry to Tenant representative, but the Premises, unavailability of a detainer of the Premises, an eviction representative of Tenant from (during normal business hours) may not be used to limit the Premises entry rights of Landlord or any portion thereof, or a violation of the provisions of this Section 10.11. Notwithstanding anything herein to the contraryits agents hereunder and, in the event commercially reasonable secure areas Tenant notifies may require execution of commercially customary nondisclosure agreements or security clearance. Landlord within one (1) business day (which may be oral shall use reasonable efforts on any such entry not to unreasonably interrupt or by email to the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for interfere with Tenant, Landlord 's use and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry occupancy of the Premises.
(b) Tenant acknowledges and accepts that signs and displays advertising the Premises for lease, may be placed at reasonable locations outside the Premises and around the 3500 Building by Landlord and its agents, and that there will also be created and distributed electronic and paper-based marketing materials, in support of such leasing efforts by Landlord and its agents.
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Landlord Access. Landlord, its affiliates, and their respective contractors and agents, subject to the terms of this Section 10.11, may, (a) Landlord and its agents shall have the right to enter the Premises at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon at least two (2reasonable notice except in cases of emergency) business days’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Premises to (i) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (ii) supply any service Landlord is required to provide hereunder, (iii) alter, improve or repair any portion of the premises under the Companion Lease for which access to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (vii) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice enter the Premises for the purposes purpose of performing any repairs examining or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry); inspecting the same, provided, however, that Landlord shall comply not inspect the Premises more often than is commercially reasonable unless Landlord has given written notice to Tenant of a specific issue or problem with Tenant’s reasonable safety procedures the Premises which Landlord knows or suspects to be present which, if not cured, would constitute a default under this Lease, to supply any service to be provided by Landlord to Tenant hereunder or any other tenants, to show the same to prospective purchasers of the Property, to show the same to prospective tenants for the Building, and protocols with respect make such alterations, repairs, improvements, or additions, whether structural or otherwise, to the Premises, and with respect Premises or to portions the Building as may be required of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so Lease or as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such otherwise agree. Landlord's entry to the Premises shall not constitute be subject to Tenant's reasonable security procedures in effect from time to time, and may require Landlord and its invitees to be accompanied by a forcible or unlawful entry to Tenant representative, but the Premises, unavailability of a detainer of the Premises, an eviction representative of Tenant from during normal business hours may not be used to limit the Premises entry rights of Landlord or any portion thereof, or a violation of the provisions of this Section 10.11. Notwithstanding anything herein to the contraryits agents hereunder and, in the event commercially reasonable secure areas Tenant notifies may require execution of commercially customary nondisclosure agreements or security clearance. Landlord within one (1) business day (which may be oral shall use reasonable efforts on any such entry not to unreasonably interrupt or by email to the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for interfere with Tenant, Landlord 's use and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry occupancy of the Premises.
(b) Tenant acknowledges and accepts that signs and displays advertising the Premises for lease, may be placed at reasonable locations outside the Premises and around the 3500 Building by Landlord and its agents, and that there will also be created and distributed electronic and paper-based marketing materials, in support of such leasing efforts by Landlord and its agents.
Appears in 1 contract
Landlord Access. Landlord, Landlord and its affiliates, designees shall have the right upon reasonable prior notice (and their respective contractors and agents, subject Landlord agrees to the terms of this Section 10.11, may, (a) at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon provide such notice at least two (2) business days’ days in advance if reasonably possible) and except in the event of an emergency (in which case no prior notice (which may shall be oral required unless reasonably possible) to enter upon the Premises during business hours except in the event of an emergency) for the purpose of inspecting or by email surveying the same, making repairs, improvements or alterations to the office manager same or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entry), enter the Premises to (i) inspect exhibiting the same and to determine whether Tenant is in compliance with its obligations hereunder, (ii) supply any service Landlord is required to provide hereunder, (iii) alter, improve or repair any portion of the premises under the Companion Lease for which access to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (vii) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, purchasers and (b) notwithstanding the foregoing, at any and all lenders. Landlord shall use its commercially reasonable times during efforts to minimize disruption to Tenant’s normal business and non-business hours and upon at least two (2) business days’ prior notice enter operations in the Premises for in connection with any such entry and at Tenant’s election, permit Tenant to have a representative present at such time. If repairs are required to be made by Tenant pursuant to the purposes of performing terms hereof or if Tenant is required to perform any other obligation under this Lease, Landlord may demand that Tenant make such repairs or maintenance perform such obligation forthwith, and if Tenant refuses or neglects to commence such repairs or performance within thirty (30) days of such demand and diligently complete the same as soon as reasonably practicable thereafter, Landlord may (but shall not be required so to) make or cause such repairs or performance to be done and shall not be responsible to Tenant for any loss or damage that may accrue to its stock or business by reason thereof. If Landlord is obligated makes or entitled causes such repairs or performance to perform pursuant be done, or endeavors so to this Lease do, Tenant agrees that it will forthwith, within thirty (provided that no time restrictions 30) days after demand, pay to Landlord the reasonable out of pocket cost thus incurred, and if Tenant shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry); provideddefault in such payment, however, that Landlord shall comply with Tenant’s reasonable safety procedures and protocols with respect have the remedies provided in Article XIX hereof. In exercising any right which it has to enter the Premises, and with respect to portions of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards and access codes with which to unlock all of the doors in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cards, electronic keypad codes, or door keys to any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) except in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when emergency, Landlord shall in no event enter any laboratory space within the Premises without being accompanied by a representative of Tenant. If an emergency necessitates immediate Tenant and any such access to the Premises, Landlord may use whatever force is necessary to enter the Premises, research and any such entry to development space within the Premises shall not constitute a forcible or unlawful entry be subject to the PremisesTenant’s reasonable security and safety measures and requirements (and, a detainer provided further, that such access, if by any third party, shall be subject to such third party executing Tenant’s form of the Premises, an eviction of Tenant from the Premises or any portion thereof, or a violation of the provisions of this Section 10.11non-disclosure/confidentiality agreement). Notwithstanding anything herein to the contrarycontrary contained herein, except in the event of an emergency, neither Landlord nor any of its designees shall have any right to access the vivarium rooms within the Premises (and, in the event Tenant notifies Landlord within one (1) business day (which may be oral or by email to the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for Tenantof an emergency, Landlord shall use commercially reasonable efforts to (i) avoid interference with the animals in the vivarium rooms and (ii) promptly contact Tenant shall cooperate with one another so that Tenant can provide a representative to identify a better date and/or time Landlord’s entry be present during the course of the Premisessuch access).
Appears in 1 contract
Landlord Access. Landlord and/or Landlord’s employees, its affiliatesagents and contractors may (but shall not be obligated to) have access to, and their respective contractors and agentsenter and/or pass through the Premises or any part thereof, subject to the terms of this Section 10.11, may, (a) at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon at least two (2) business one days’ prior advance notice, which notice (which may be oral or by email to if written notice is impractical under the office manager or other Tenant-designated individual at the Premises; but provided circumstances (except that no time restrictions oral or written notice shall apply or advance notice be required if a bona fide emergency with in an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entryEmergency), enter (i) to examine the Premises and/or to show the Premises to the fee owners, lessors of superior leases, holders of superior mortgages, prospective purchasers, mortgagees or ground lessees of the Real Property (i) inspect or any part thereof), investors and prospective investors in Landlord or the same Real Property (or any part thereof), lenders and to determine whether Tenant is prospective lenders in compliance with its obligations hereunderrespect of any interest in Landlord or the Real Property (or any part thereof), and/or (ii) supply for the purpose of making such repairs, replacements, improvements or other changes in or to the Real Property or any service Landlord is required to provide hereunder, part thereof (iii) alter, improve including the facilities or repair any portion fixtures of the premises Premises or other parts of the Building), as may be provided for by this Lease, as may be mutually agreed upon by the parties, as Landlord may be required or permitted to make under this Lease or by Requirements, or in order to repair and maintain the Companion Lease Building or other parts of the Real Property, or as Landlord may deem necessary or reasonably desirable. Tenant shall have the right to accompany Landlord and its employees, agents and contractors at all times provided Tenant makes a representative reasonably available for which such purpose. Landlord shall be allowed to take all materials into and upon the Premises that may be reasonably required for such repairs, changes, repainting or maintenance to the Premises (but shall not store more than the materials needed for the current day’s work in the Premises), without liability to Tenant. Landlord and/or Landlord’s employees, agents and contractors, as well as emergency personnel (such as, but not limited to, firemen, policemen and utility workers) shall also have the right to enter on and/or pass through the Premises, or any part thereof, at such times as such entry shall be required by circumstances of emergency affecting the Premises or the Building. In the event of an Emergency, if Tenant is not present in the Premises to open or permit Landlord and/or Landlord’s employees, agents and contractors and/or such emergency personnel, access or entry to or through the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (vii) show the Premises, other than then Landlord and/or Landlord’s employees, agents and contractors and/or such emergency personnel, as the Secure Access Areascase may be, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any and all reasonable times during business and non-business hours and upon at least two (2) business days’ prior notice may enter the Premises whenever such access or entry is permitted, required or otherwise provided for the purposes of performing any repairs under this Lease, by master key (if readily available) or maintenance that Landlord is obligated or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage or personal injury necessitates immediate entry); provided, however, that Landlord shall comply with Tenant’s reasonable safety procedures and protocols with respect to the Premisesforcibly, and with respect to portions of the Premises (if any) that are reasonably designated in writing by Tenant to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain keys, key cards entry and access codes with which to unlock all of the doors in the Premises. shall not constitute an actual or constructive eviction, impose any liability upon Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply to the issuance to Landlord of any key cardsor Landlord’s employees, electronic keypad codesagents and contractors, or door keys to affect any Secure Access Areas for any unaccompanied access too the Premises by Landlord, provided, however, that Tenant shall identify a single designee to act as Landlord’s point of contact to administer the requirements of Tenant’s standard operating procedures on behalf of Landlord and that in no event shall any such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, an eviction of Tenant from the Premises or any portion thereof, or a violation of the provisions of obligations under this Section 10.11Lease. Notwithstanding anything herein to the contrary, in for purposes of this Section 19.03, the event Tenant notifies Landlord within one (1) business day (which may be oral or by email to term “Premises” shall include any other portion of the Landlord-designated individual) following Lxxxxxxx’s request Building reserved for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for exclusive use of Tenant, Landlord and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry and/or Landlord’s employees’, agents’ and contractors’ right of access, entering and/or passing through for the Premisespurposes expressly set forth in this Section, shall include the right to actually do or perform same.
Appears in 1 contract
Samples: Lease Agreement (Yelp Inc)
Landlord Access. LandlordUpon such notice to Tenant as is reasonable under the circumstances, its affiliates, and their respective contractors and agents, subject to the terms of this Section 10.11, may, (a) at any and all reasonable times during normal business hours (or during non-business hours, if Landlord so requests and Tenant consents), and upon which shall be at least two (2) business days’ prior , which notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions given orally and, which notice shall apply or advance notice not be required if a bona fide emergency with in the event of an immediate threat to property damage or personal injury necessitates immediate entry and any oral notice will be followed immediately by email notice as provided above prior to entryemergency), Landlord may enter the Premises to (i) inspect the same examine them and to determine whether Tenant is make alterations or repairs described below; provided, however, in compliance with the case of any emergency, Landlord and its obligations hereunder, (ii) supply any service Landlord is required to provide hereunder, (iii) alter, improve or repair any portion of the premises under the Companion Lease for which access to or through agents may enter the Premises is reasonably necessary, (iv) post notices of non-responsibility, (v) show the Premises to current and prospective investors, lenders and purchasers, and (vii) show the Premises, other than the Secure Access Areas, during the final eighteen (18) months of the Term (provided that Tenant has not timely exercised an Extension Option to extend the Term pursuant to Section 1.4) to prospective tenants, and (b) notwithstanding the foregoing, at any time and all reasonable times during business and non-business hours and upon in any manner. Upon at least two (2) business days’ prior days following notice enter delivered to Tenant, unless (x) other arrangements are made with Tenant, which other arrangements Tenant agrees to reasonably consider at the time of any request for same by Landlord, Tenant shall allow the Premises to be exhibited by Landlord, or (y) Tenant elects to defer such access to avoid interference with special events or circumstances then occurring in the Premises (which shall include, but not be limited to, conferences and meetings, work in connection with upcoming pubic filings or in connection with transactions, and work necessary in order for Tenant to meet key client delivery dates): (i) to representatives of lending institutions or to prospective purchasers of the Building provided a representative of Landlord shall accompany its visitors to the Premises and Landlord shall be responsible for the purposes conduct of performing such representatives and visitors, and (ii) during the last twelve (12) months of the Term, to persons who may be interested in leasing the Premises. Subject to the foregoing provisions of this Section 11, Landlord reserves the right and shall be permitted reasonable access to the Premises (1) to install facilities above the ceilings, behind the walls, and below the floor slabs (or any repairs combination thereof) of the Premises, (2) to make repairs, alterations, additions and improvements, whether structural or maintenance that Landlord is obligated otherwise, in or entitled to perform pursuant to this Lease (provided that no time restrictions shall apply if a bona fide emergency with an immediate threat to property damage about the Building or personal injury necessitates immediate entry)any part thereof, outside the Premises; provided, however, that Landlord the same shall comply not (a) unreasonably interfere with Tenant’s reasonable safety procedures and protocols with respect to use of or operations in the Premises, or (b) result in an obstruction of access to or visibility of the Premises, or (c) reduce the usable area of the Premises. Notwithstanding the foregoing, Tenant shall have priority use of all areas within the Premises which Landlord desires to use for the performance and/or installation of the work and improvements described in this Section. For example, in the event Tenant has installed cables or conduits between the ceiling in the Premises and the floor slab above such ceiling, Landlord may not make any installation which may interfere with respect such cables or conduits. Upon completion of work described in this Section, Landlord shall diligently proceed to portions restore the areas of the Premises (if any) affected by such work as nearly as possible to the condition that are reasonably designated in writing by Tenant existed immediately prior to Landlord as controlled or having restricted access (the “Secure Access Areas”), shall comply with Tenant’s reasonable additional security and safety procedures and protocols related to such portions commencement of the Premises including only entering such designated Secure Access Areas when accompanied by a Tenant representative (provided further, that Tenant shall provide a Tenant representative to accompany Landlord upon written request from Landlord at least two (2) business days’ in advance). In no event shall Tenant’s Base Rent axxxx as a result of Lxxxxxxx’s activities pursuant to this Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possiblesubject work. Landlord agrees that in the exercise of its rights pursuant of this Section 11, Landlord shall at all times retain keys, key cards and access codes with which use reasonable efforts to unlock all minimize disruption of the doors business operations in the Premises. Landlord acknowledges that the standard operating procedures set forth on Exhibit L shall apply hereby agrees to the issuance reimburse Tenant from time to time promptly following Tenant’s delivery to Landlord of Tenant’s request together with invoices evidencing the same, for all reasonable costs incurred by Tenant in connection with any key cardsaction taken by Landlord pursuant to this Section 11.A., electronic keypad codesincluding without limitation, or door keys additional costs incurred by Tenant in connection with the performance of any Alterations in the Premises including, but not limited to, the reasonable fees paid by Tenant to any Secure Access Areas third party architect or engineer engaged by Tenant to review of plans for any unaccompanied access too work Landlord desires to perform in the Premises by LandlordPremises. Notwithstanding the foregoing, provided, however, that Tenant may maintain a locked facility in which classified work is being conducted or in which such work is stored. Tenant shall identify a single designee provide prior notice to act as Landlord’s point Landlord of contact the location of same prior to administer the requirements of Tenant’s standard operating procedures on behalf of locking off such area, in which case Landlord and that in no event shall any not enter such requirements prohibit Landlord’s entry into Secure Access Areas (i) in the event of a bona fide emergency with an immediate threat to property damage or personal injury that necessitates immediate entry or (ii) when area without being accompanied by a representative of Tenant. If an emergency necessitates immediate access to the Premises, Tenant hereby authorizes Landlord may use whatever force is necessary to enter the Premises, and any of its employees, agents and contractors to break any such entry locks and the doors and walls to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, an eviction of Tenant from the Premises or any portion thereof, or a violation of the provisions of this Section 10.11. Notwithstanding anything herein to the contrary, which they are attached in the event Tenant notifies Landlord within one (1) business day (which may be oral or by email to the Landlord-designated individual) following Lxxxxxxx’s request for access that the proposed day and/or time for entry will cause a disruption to a planned event, meeting or other programming for Tenant, Landlord and Tenant shall cooperate with one another to identify a better date and/or time Landlord’s entry of the Premisesan emergency.
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