Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Term renovate, improve, alter, or modify (collectively, "Renovations") the Building, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rent, provided that such Renovations shall not be in the interior of the Premises.
Appears in 2 contracts
Samples: Lease (Optimer Pharmaceuticals Inc), Lease (Optimer Pharmaceuticals Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Building Complex or any part thereof, or to add any additional phases or office buildings to the Building Complex, and that no representations respecting the condition of the Premises or the Building Complex have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Complex Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the driveways and other common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Building Complex, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or Building Complex, which work may create noise, dust or leave debris in the BuildingBuilding Complex, (iii) renovation and/or expansion of the main entry to the Building Complex and the main Building lobby area, (iv) renovation of the elevator, lobbies, elevator doors and frames and restrooms, and (v) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor nor, except as provided in Section 6.6 above, entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 2 contracts
Samples: Office Lease (Rocket Companies, Inc.), Office Lease (Rocket Companies, Inc.)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectComplex, Real Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building, the Complex or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord's sole option, renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, Complex and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Facility, common areasCommon Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or Common Areas and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areasthe Building Common Areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectComplex and/or Real Property, including portions of the common areasCommon Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions in connection with such Renovations. Landlord's right pursuant to this paragraph 24.30 shall be subject to the condition that exercise of any of such rights shall not be in the interior unreasonably interfere with Tenant's use of the Premises, or decrease the number of Tenant's parking spaces below the number required to be provided hereunder.
Appears in 2 contracts
Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Project or any part thereof, or to add any additional phases or office buildings to the Project, and that no representations respecting the condition of the Premises or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "RenovationsRENOVATIONS") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesProject Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the driveways and other common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Project, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or Project, which work may create noise, dust or leave debris in the BuildingProject, (iii) renovation and/or expansion of the main entry to the Project and the main Building lobby area, (iv) renovation of the elevator, lobbies, elevator doors and frames and restrooms, and (v) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (PDF Solutions Inc)
Landlord Renovations. It is specifically understood and agreed that -------------------- Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectReal Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord's sole option, renovate, improve, alter, or modify (collectively, the "RenovationsRENOVATIONS") the Building, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems Systems and equipmentEquipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent, except as expressly provided in Section 6.5. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in connection with such Renovations; however, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant's use of and access to the interior Premises as a result of the Premisessuch Renovations.
Appears in 1 contract
Samples: Office Lease (Homestore Com Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, and (iii) modernizing the ten (10) elevators located within the Project in accordance with a contract dated February 3, 2006 entered into with Specialized Elevator Co., which contract provides for upgrading the existing elevator technology to a computer based, solid state microprocessor system to improve dispatching times, leveling and other performance functions, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rentRent, provided that Landlord uses commercially reasonable efforts to minimize any interference with Tenant’s use of or access to the Premises. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Nara Bancorp Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Building Complex or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building Complex have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Complex Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Building Complex, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or Building Complex, which work may create noise, dust or leave debris in the BuildingBuilding Complex, (iii) renovation of the main entry to the Building Complex and the main Building lobby area, (iv) renovation of the elevator, lobbies, elevator doors and frames, and (v) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall or Landlord's actions in connection with such Renovations; provided, however, Landlord agrees, in performing such Renovations, to use commercially reasonable efforts not be in the interior to unreasonably interfere with Tenant's access or use of the Premises.
Appears in 1 contract
Samples: Office Lease (Styleclick Inc)
Landlord Renovations. It Except as otherwise set forth in the Tenant Work Letter attached hereto as Exhibit B, it is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in . In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building; provided, however, that during the course of Renovations, ingress to and egress from the Building and the Premises shall not be blocked, and Landlord shall use commercially reasonable efforts to minimize any interference with Tenant's business. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rentRent. Notwithstanding the foregoing, provided that such Renovations shall not be in the interior event Tenant cannot use all or any portion of the Premises during the course of the Renovations, Rent shall xxxxx in proportion to the ratio in which Tenant's use of the Premises is impaired during the course of the Renovations. Landlord agrees to give Tenant at least twenty (20) days' prior notice before performing any Renovations that would prevent Tenant from using all or any portion of the Premises. Except as set forth herein, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions in connection with such Renovations.
Appears in 1 contract
Samples: Lease Agreement (Redenvelope Inc)
Landlord Renovations. It is Except as specifically understood and agreed that set forth in this Lease: (i) Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Projectthe Additional Buildings, Project or any part thereof, ; and that (ii) no representations or warranties respecting the condition of the Premises Premises, the Building, the Additional Buildings or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinTenant. HoweverAt Landlord's option, Tenant acknowledges that Landlord may during the Term at any time and from time to time, renovate, improve, alter, or modify (collectively, the "Renovations") the Building, the Premises, and/or the Project, including without limitation the parking facilitiesBuilding Parking Facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (iA) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iiB) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Project, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the BuildingBuilding or Project, which work may create noise, dust or leave debris in the BuildingProject, (C) renovation of the main entry to the Building and the main Building lobby area, (D) renovation of the elevator, lobbies, elevator doors and frames, and (E) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Sierra Oncology, Inc.)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant Tenant, except as specifically set forth hereinherein or in the Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or Project, including without limitation the parking facilitiesBuilding Parking Facility, common areasCommon Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in . In connection with such Renovations, but subject to the last sentence of Section 1.1(a) above, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Subject to the last sentence of Section 1.1(a) above, Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations Renovations, by themselves, shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Except to the extent in violation of the terms of this Lease, Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Lease (Beyond Meat, Inc.)
Landlord Renovations. It is specifically understood and agreed that -------------------- Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "RenovationsRENOVATIONS") the Building, Building and/or the Project, including without limitation the parking facilitiesParking Facilities, common areasCommon Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) subject to all other provisions of this Lease, modifying the common areas Common Areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) subject to all other provisions of this Lease, installing new carpeting, lighting, and wall coverings in certain common areasCommon Areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor nor, except as expressly provided in this Lease, entitle Tenant to any abatement of Monthly Rent or additional rent, provided that such Renovations shall not be in the interior of the PremisesRent.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectReal Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesParking Facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding and/or Real Property, which work may create noise, dust or leave debris in the BuildingBuilding and/or Real Property. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations. Landlord shall use commercially reasonable efforts to ensure Renovations do not be in the interior materially interfere with Tenant’s permitted use of the Premises.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Project or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, Building or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or Project, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in . In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Project, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the BuildingBuilding or Project, which work may create noise, dust or leave debris in the BuildingBuilding or Project. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in connection with such Renovations. Notwithstanding the foregoing, in the interior event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any Renovations performed by Landlord (such set of circumstances, as set forth above, to be known as an “Renovation Abatement Event”), then Tenant shall give Landlord notice of such Renovation Abatement Event, and if such Renovation Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Renovation Eligibility Period”), then the Base Rent and Tenant’s Share of Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Renovation Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Renovation Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Renovation Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant’s Share of Direct Expenses for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to xxxxx Base Rent and Tenant’s Share of Direct Expenses shall be Tenant’s sole and exclusive remedy at law or in equity for an Renovation Abatement Event. Except as provided in this Section 29.27, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.
Appears in 1 contract
Samples: Lease Agreement (Buy Com Inc)
Landlord Renovations. It Subject to the provisions of Section 3.1.3 and this Article 29, it is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinin this Lease or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Project, Building, Premises, and/or ProjectLand, including without limitation the parking facilitiesstructure, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation: (a) installing sprinklers in the Building common areas and tenant spaces, (ib) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iic) installing new carpetingfloor covering, lighting, and wall coverings in certain the Building common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectLand, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building, (d) renovation of the main entry to the Building and the main Building lobby area and (e) renovation of the elevator, lobbies, elevator doors and frames. Subject to the provisions of this Lease, Tenant hereby agrees that (i) such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent, and (ii) Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations. Notwithstanding any provision of this Lease to the contrary, and except to the extent required by applicable laws, rules, regulations or orders of any governmental agency having jurisdiction, Landlord shall not exercise its right under this Section 29 in a manner which would result in the Project not being maintained or operated in a manner consistent with the standards or First Class Office Buildings, nor shall the exercise of Landlord’s rights under this Section 29 result in increasing Tenant’s Monthly Rent hereunder or additional rentincreasing Tenant’s payments of its share of Direct Expenses, provided except to the extent that such Renovations shall not be in Direct Expenses may include the interior costs of maintaining and operating portions of the PremisesProject affected by such renovations, nor shall the exercise of Landlord’s rights under this Section 29 result in materially and adversely affecting Tenant’s rights, obligations or leasehold interest under this Lease.
Appears in 1 contract
Samples: Office Lease (Aecom Technology Corp)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, the Real Property or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilities, common areasCommon Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or Common Areas and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areasthe Building Common Areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areasCommon Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent except as expressly provided in Section 19.9 or additional rentelsewhere in the Lease. Except to the extent otherwise provided in this Lease, provided that Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in connection with such Renovations, except to the interior extent of the Premisesnegligence or willful misconduct of Landlord or its employees or contractors.
Appears in 1 contract
Samples: Office Lease (Ticketmaster)
Landlord Renovations. It is specifically understood and agreed that -------------------- Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectReal Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord's sole option, renovate, improve, alter, or modify (collectively, the "RenovationsRENOVATIONS") the Building, Premises, and/or Project, including without limitation the parking facilitiesReal Property, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions in connection with such Renovations; provided, however, that Landlord shall not be in use commercially reasonable efforts to minimize interference with Tenant's use of and access to the interior Premises as a result of the Premisessuch Renovations.
Appears in 1 contract
Samples: Office Lease (Beatnik Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Leased Premises, Building, Project, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Leased Premises, the Building or the Building Project have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Leased Premises, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulationslaws, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's Xxxxxxxx’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Xxxxxxxx’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectReal Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or Project, including without limitation the parking facilitiesReal Property, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, (ii) renovating or rebuilding all or any portion of the Building or Real Property, and (iiiii) installing new carpeting, lighting, and finishes, lobby or wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, demolish all or portions of the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rent, provided Rent. Landlord shall use commercially reasonable efforts to ensure that any such Renovations shall do not be in the interior materially interfere with Tenant’s use and occupancy of the PremisesPremises and shall use commercially reasonable efforts to perform any work that would interfere with Tenant’s business during times other than Tenant’s normal business hours. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Yelp! Inc)
Landlord Renovations. It Except as set forth herein, it is specifically understood and agreed that Landlord has no additional obligation and has made no additional promises to alter, remodel, improve, renovate, repair or decorate the Leased Premises, Building, Project, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Leased Premises, the Building or the Building Project have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant Xxxxxx acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Leased Premises, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, same and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building; provided, however that Landlord shall not unreasonably interfere with Tenant’s access, use and enjoyment of the Leased Premises or Building Top Roof Deck. Tenant hereby agrees that such Renovations and Landlord's Xxxxxxxx’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that -------------------- Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Tier Technologies Inc)
Landlord Renovations. It is specifically understood and agreed that -------------------- Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Project or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, Building or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or Project, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in . In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Project, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the BuildingBuilding or Project, which work may create noise, dust or leave debris in the BuildingBuilding or Project. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in connection with such Renovations. Notwithstanding the foregoing, in the interior event that Tenant is prevented from using, and does not use, the Premises or any portion thereof, as a result of any Renovations performed by Landlord (such set of circumstances, as set forth above, to be known as an "Renovation Abatement Event"), then Tenant shall give Landlord notice of such Renovation Abatement Event, and if such Renovation Abatement Event continues for five (5) consecutive business days after Landlord's receipt of any such notice (the "Renovation Eligibility Period"), then the Base Rent and Tenant's Share of Direct Expenses shall be abated or reduced, as the case may be, after expiration of the Renovation Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Renovation Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Renovation Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Tenant's Share of Direct Expenses for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Rent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to xxxxx Base Rent and Tenant's Share of Direct Expenses shall be Tenant's sole and exclusive remedy at law or in equity for an Renovation Abatement Event. Except as provided in this Section 29.27, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.
Appears in 1 contract
Samples: Lease (Buy Com Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesParking Facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor (except for injury not covered by insurance carried, or required to be carried by Tenant hereunder, and which is caused by Landlord's negligence or willful misconduct) shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Microage Inc /De/)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, develop, alter, or modify (collectively, "the “Renovations"”) portions of the Building, and/or ProjectPremises, and the Property, including without limitation limitation, the parking facilitiessystems, common areas, systems and equipment, roof, the Building and structural portions of the same, which Renovations may include, without limitation, (i) modifying any portion of the common areas and/or tenant spaces Building, including the Premises to comply with applicable laws and regulationsLaws, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and ; or (ii) installing new carpetingcreating additional parking areas or occupied space on the Property. The Renovations may also include any improvement or renovation done to increase the safety or security of the Building in excess of the requirements required by the Laws, lighting, as Landlord determines to be necessary in its sole and wall coverings in certain common areas, and in absolute discretion. In connection with such the Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areasBuilding, or perform work in the Building, which work may create noise, dust dust, or leave debris in the Building. Similarly, other properties in the vicinity of the Building may undergo substantial construction or renovation during the Term, which may cause substantial disturbance to traffic and parking, and may cause dust, noise and vibration which may affect the Premises. Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s business. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility, or additional rentfor any reason be liable to Tenant, provided that for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s Property, Alterations or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that that, except as set forth herein or in the Tenant Work Letter, Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Project or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, Building or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may shall have the right, but not the obligation, during the Lease Term to renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or Project, including without limitation the parking facilities, common areasCommon Areas, systems Systems and equipmentEquipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying provided that Tenant’s access to and use of the common areas and/or tenant spaces to comply with applicable laws Premises is not materially and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in adversely affected. In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or on the Project, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas and/or parking facilities, or perform work in the Building, which work may create noise, dust or leave debris in the Building, provided that Tenant’s access to and use of the Premises is not materially and adversely affected. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent, except as specifically provided in this Lease. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations conducted in accordance with the foregoing, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectReal Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically expressly set forth hereinin this Lease or in Exhibit B attached to this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation limitation, the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent (except to the extent provided under Section 11.5 above). Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations except to the extent provided under Section 11.5 above. All Renovations that are performed during the Business Hours and are reasonably anticipated to disturb Tenant’s use or enjoyment of the Premise shall be done only after Tenant has provided its prior written consent, which shall not be unreasonably withheld or delayed, and provided that Landlord delivers to Tenant detailed information about the nature of the Renovations, including the scope of the Renovations, the times during which construction work will take place, the schedule for the construction, and location of the Renovations. Notwithstanding the foregoing, Tenant’s consent shall not be required with respect to any Renovations that are necessitated for Landlord to comply with its obligations under Article 21 above, but Landlord shall in such event, except in the interior event of an emergency, provide Tenant with detailed information about the nature of such Renovations, including the scope of the Premisesapplicable Renovations, the times during which construction work will take place, the schedule for the construction, and location of the applicable Renovations.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, the Project, or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building, or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or the Project, including without limitation the parking facilitiesParking Areas, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulationsLaws, including including, without limitation, regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingcarpeting or other floor covering, lighting, lighting and wall coverings in certain the Building common areas, and altering the exterior of the Building and/or the Project as part of a Building and/or the Project enhancement program, and (iii) constructing additional buildings and other improvements on the Project, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or on the Project, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the BuildingBuilding or on the Project, which work may create noise, dust or leave debris in the BuildingBuilding or on the Project. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It Except as provided herein, it is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Real Property or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulationsLaws, including including, without limitation, regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingcarpeting or other floor covering, lighting, lighting and wall coverings in certain the Building common areas, and altering the exterior of the Building and/or Real Property as part of a Building and/or Real Property enhancement program, and (iii) constructing additional buildings and other improvements on the Real Property, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or on the Real Property, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or on the Real Property, which work may create noise, dust or leave debris in the BuildingBuilding or on the Real Property. Except as otherwise provided herein, and provided Tenant’s access to, and use of the Premises and the Building Parking Area is not materially and adversely affected, Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, develop, alter, or modify (collectively, "the “Renovations"”) the Building, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the sameBuilding(s), Premises, and the Property, which Renovations may include, without limitationlimitation any improvement or renovation done to increase the safety or security of the Building(s) in excess of the requirements required by the Laws, (i) modifying the common areas and/or tenant spaces as Landlord determines to comply with applicable laws be necessary in its sole and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in absolute discretion. In connection with such the Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding(s), limit or eliminate access to portions of the Project, including portions of the common areasBuilding(s), or perform work in the BuildingBuilding(s), which work may create noise, dust or leave debris in the BuildingBuilding(s). Similarly, other properties in the vicinity of the Building(s) may undergo substantial construction or renovation during the Term, which may cause substantial disturbance to traffic and parking, and may cause dust, noise and vibration which may affect the Premises. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rentRent, provided that Landlord uses commercially reasonable efforts not to disturb Tenant’s use or quiet enjoyment of the Premises and access to the Premises. Such commercially reasonable efforts may include, at Landlord’s reasonable discretion, after-business hours’ work for Renovations that generate significant noise, dust or vibration. Landlord shall have no responsibility, or for any reason be liable to Tenant, for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s Property, Alterations or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations. Notwithstanding the foregoing, for so long as Tenant is the Sole Occupant, Landlord shall not make any Renovations without Tenant’s prior consent, not to be unreasonably withheld, conditioned or delayed; provided, however, that this sentence shall not limit Landlord’s express rights and construction obligations set forth elsewhere in this Lease and the interior of the PremisesWork Letter.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Leased Premises, Building, Project, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Leased Premises, the Building or the Building Project have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Leased Premises, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulationslaws, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's Xxxxxxxx’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations. Notwithstanding the foregoing, Landlord shall not be use commercially reasonable efforts to minimize interference with Xxxxxx’s business operations in the interior Leased Premises as a result of Landlord’s performance of the PremisesRenovations.
Appears in 1 contract
Samples: Office Building Lease (Aquinox Pharmaceuticals, Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Leased Premises, Building, Project, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Leased Premises, the Building or the Building Project have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Leased Premises, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulationslaws, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's Xxxxxxxx’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building, or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "RenovationsRENOVATIONS") the Building, Project and/or ProjectPremises, including without limitation the parking facilitiesstructures, common areasCommon Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) installing sprinklers in the Common Areas and tenant spaces, (ii) modifying the common areas and/or Common Areas and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iiiii) installing new carpetingfloor covering, lighting, and wall coverings in certain common areasthe Common Areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project or the Building, limit or eliminate access to portions of the Building and/or the Project, including portions of the common areasCommon Areas, or perform work in the Project or the Building, which work may create noise, dust or leave debris in the Project or the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant Tenant, except pursuant to Section 19.5.2 hereof, to any abatement of Monthly Rent Rent; provided however that in performing such Renovations, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of the Premises for the Permitted Use (including Tenant's use of the Project parking facilities) or additional rentmaterially increase Tenant's monetary obligations under this Lease or otherwise adversely affect Tenant's rights under this Lease. Except pursuant to Section 19.5.2 hereof, provided that Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Etoys Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesParking Garage, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the Building common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building, (iii) renovation of the main entry to the Building and the main Building lobby area, (iv) installations, repairs or maintenance of telephone risers, and (v) renovation of the elevator, lobbies, elevator doors and frames. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent (except as otherwise set forth in Section 19.4.2 above). Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions in connection with such Renovations; provided, however, that Landlord shall not be in responsible for any damage to property to the interior extent caused by the negligence or willful misconduct of the PremisesLandlord.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Work Letter. However, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project (other than the portion thereof constituting the Building, and/or Projectexcept to the extent required by Section 7.2), including without limitation the Project parking facilitiesareas, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iiiii) installing new carpetingfloor covering, lighting, and wall coverings in certain common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectBuilding, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall or Landlord's actions. Notwithstanding the foregoing, Landlord may not be make any Renovations which would result in the interior of the Premisesan Adverse Condition.
Appears in 1 contract
Samples: Lease (Veeco Instruments Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Term renovate, improve, alter, or modify (collectively, "RenovationsRENOVATIONS") the Building, and/or Project, including without limitation the parking facilities, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building, provided that such Renovations do not unreasonably interfere with Tenant's use of, or operations on the Premises, or increase its obligations (financial or otherwise) under the Lease. Subject to the foregoing, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rent, provided that such Renovations shall not be in the interior of the Premises.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or Project, including without limitation the parking facilitiesBuilding Parking Facility, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in . In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations. In exercising any right of Landlord to undertake any renovations, alterations, additions, restoration, inspections, repairs or maintenance as set forth in this Lease, Landlord shall not be in the interior of the Premisesuse commercially reasonable efforts to comply with Tenant’s reasonable security measures and operation procedures and to minimize any disruption to Tenant.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Leased Premises, Building, Project, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Leased Premises, the Building or the Building Project have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, and/or the Leased Premises, the Project, including without limitation the parking facilitiesCommon Areas, common areas, and systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or Common Areas and tenant spaces to to, among other things, comply with applicable laws and regulationslaws, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, . Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including eliminating portions of the common areasCommon Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby acknowledges that Landlord plans to improve the Excess Land with an office building(s) or other structures during the Term of this Lease and some noise, dust or other nuisance will be unavoidable. Provided that Landlord uses commercially reasonable efforts to minimize interference with Tenant’s business operations in the Leased Premises as a result of the improvement of the Excess Land or Landlord’s performance of other Renovations, Tenant agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent or additional rent, provided that such Renovations shall not be in the interior of the PremisesRent.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord’s sole option, renovate, improve, develop, alter, or modify (collectively, "“Renovations"”) portions of the 000 Xxxx Xxxxx Building, and/or the 000 Xxxx Xxxxx Building, Premises, Common Areas and the Project, including without limitation the parking facilities, common areaslimitation, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying ; provided Landlord shall utilize commercially reasonable efforts to minimize the common areas and/or tenant spaces to comply disruption and interference with applicable laws Tenant’s business and regulations, including regulations relating to operations at the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in Premises. In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the 000 Xxxx Xxxxx Building and/or the 000 Xxxx Xxxxx Building, limit or eliminate access to portions of the ProjectProject (provided that access to portions of the 000 Xxxx Xxxxx Building and/or 000 Xxxx Xxxxx Building may only be temporarily limited or eliminated and that other means of access shall at all times remain available), including portions of the common areasCommon Areas, or perform work in the 000 Xxxx Xxxxx Building and/or the 000 Xxxx Xxxxx Building, which work may create noise, dust or leave debris in the 000 Xxxx Xxxxx Building and/or the 000 Xxxx Xxxxx Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility, or additional rentfor any reason be liable to Tenant, provided that for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s Property, Alterations or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations; provided Landlord shall not be utilize commercially reasonable efforts to minimize the disruption and interference with Tenant’s business and operations at the Premises. Landlord shall give Tenant reasonable prior notice in the interior of event Landlord plans to temporarily interrupt electricity or other utilities or services to the Premises.
Appears in 1 contract
Samples: Lease Agreement (Proofpoint Inc)
Landlord Renovations. It Subject to the provisions of Section 3.1.3 and this Article 29, it is ------------- ---------- specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building or the Building Project have been made by Landlord to Tenant except as specifically set forth hereinin this Lease or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project, Building, Premises, and/or ProjectLand, including without limitation the parking facilitiesstructure, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation: (a) installing sprinklers in the Building common areas and tenant spaces, (ib) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iic) installing new carpetingfloor covering, lighting, and wall coverings in certain the Building common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectLand, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building, (d) renovation of the main entry to the Building and the main Building lobby area and (e) renovation of the elevator, lobbies, elevator doors and frames. Subject to the provisions of this Lease, Tenant hereby agrees that (i) such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent, and (ii) Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord's actions in connection with such Renovations. Notwithstanding any provision of this Lease to the contrary, and except to the extent required by applicable laws, rules, regulations or orders of any governmental agency having jurisdiction, Landlord shall not be exercise its right under this Section 29 in a manner which would ---------- result in the interior Project not being maintained or operated in a manner consistent with the standards or First Class Office Buildings, nor shall the exercise of Landlord's rights under this Section 29 result in increasing Tenant's Monthly ---------- Rent hereunder or increasing Tenant's payments of its share of Direct Expenses, except to the extent that Direct Expenses may include the costs of maintaining and operating portions of the PremisesProject affected by such renovations, nor shall the exercise of Landlord's rights under this Section 29 result in materially and ---------- adversely affecting Tenant's rights, obligations or leasehold interest under this Lease.
Appears in 1 contract
Samples: Office Lease (Aecom Merger Corp)
Landlord Renovations. It is specifically understood and agreed that that, except as set forth herein or in Exhibit C Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Project or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, Building or the Building Project have been made by Landlord to Tenant except as specifically set forth herein. herein or in Exhibit C. However, Tenant acknowledges that Landlord may shall have the right, but not the obligation, during the Lease Term to renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or Project, including without limitation the parking facilities, common areasCommon Areas, systems Systems and equipmentEquipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying provided that Tenant’s access to and use of the common areas and/or tenant spaces to comply with applicable laws Premises is not materially and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, and in adversely affected. In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or on the Project, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas and/or parking facilities, or perform work in the Building, which work may create noise, dust or leave debris in the Building, provided that Tenant’s access to and use of the Premises is not materially and adversely affected. Tenant hereby agrees that such Renovations and Landlord's Xxxxxxxx’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent, except as specifically provided in this Lease. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Xxxxxx’s business arising from the Renovations conducted in accordance with the foregoing, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Building Complex or any part thereof, or to add any additional phases or office buildings to the Building Complex, and that no representations respecting the condition of the Premises or the Building Complex have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Complex Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the driveways and other common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Building Complex, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or Building Complex, which work may create noise, dust or leave debris in the BuildingBuilding Complex, (iii) renovation and/or expansion of the main entry to the Building Complex and the main Building lobby area, (iv) renovation of the elevator, lobbies, elevator doors and frames and restrooms, and (v) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It Except as provided herein, it is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectRetail Area, Real Property or any part thereof, thereof and that no representations respecting the condition of the Premises Premises, the Building, the Retail Area or the Building Real Property have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Work Letter. However, Tenant acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, Retail Area and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Parking Areas, common areasCommon Areas, systems Systems and equipmentEquipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or Common Areas and tenant spaces to comply with applicable laws and regulationsLaws, including including, without limitation, regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingcarpeting or other floor covering, lighting, lighting and wall coverings in certain common areasthe Common Areas, and altering the exterior of the Building and/or Real Property as part of a Building and/or Real Property enhancement program, and (iii) constructing additional buildings and other improvements on the Real Property, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or on the Real Property, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areasCommon Areas, or perform work in the BuildingBuilding or on the Real Property, which work may create noise, dust or leave debris in the BuildingBuilding or on the Real Property. Except as otherwise provided herein, and provided Tenant’s access to, and use of the Premises and the Building Parking Area is not materially and adversely affected, Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord’s actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Building Complex or any part thereof, or to add any additional phases or office buildings to the Building Complex, and that no representations respecting the condition of the Premises or the Building Complex have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Complex Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the driveways and other common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Building Complex, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or Building Complex, which work may create noise, dust or leave debris in the BuildingBuilding Complex, (iii) renovation and/or expansion of the main entry to the Building Complex and the main Building lobby area, (iv) renovation of the elevator, lobbies, elevator doors and frames and restrooms, and (v) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations. Landlord shall not be in the interior of the Premisesuse its commercially reasonable effort to minimize any disruption to Tenant’s business arising from such Renovations.
Appears in 1 contract
Samples: Office Lease (Active Network Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth herein. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Building and/or the Project, including without limitation the parking facilitiesParking Facilities, common areasCommon Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas Common Areas and/or tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain common areas, Common Areas and (iii) expanding the existing Building and Adjacent Buildings or adding new buildings in the Project. In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent, except as provided in Section 6.7 above. Tenant hereby waives any claims for damages or additional rentfor any injuries or inconvenience to or interference with Tenant’s business, provided that lost profits, and any other loss occasioned by Landlord’s construction of the Renovations, except in connection with any damage to Tenant’s personal property, furniture and equipment caused by Landlord’s entry into the Premises to construct such Renovations, in which case Landlord shall be responsible for all damage caused to Tenant’s personal property, furniture and equipment and the provisions of Section 10.5 shall not apply to such damage. Landlord will cause any such Renovations shall not to be scheduled with Tenant in advance, to be performed in a manner so as to minimize or eliminate interference with Tenant’s business in the interior of the PremisesPremises and to protect Tenant’s proprietary information and work product. In no event will Operating Expenses include any costs associated with item (iii) above.
Appears in 1 contract
Samples: Lease Agreement (Genomatica Inc)
Landlord Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, ProjectReal Property, or any part thereof, thereof and that no representations or warranties respecting the condition of the Premises Premises, the Building or the Building Real Property have been made by Landlord to Tenant Tenant, except as specifically set forth hereinin this Lease. However, Tenant acknowledges that Landlord may during the Term from time to time, at Landlord's sole option, renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or Project, including without limitation the parking facilitiesReal Property, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in certain the Building common areas, and in connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Landlord Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, Building Complex or any part thereof, or to add any additional phases or office buildings to the Building Complex, and that no representations respecting the condition of the Premises or the Building Complex have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, "the “Renovations"”) the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesBuilding Complex Parking Area, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the driveways and other common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpetingfloor covering, lighting, and wall coverings in certain the common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the BuildingBuilding or Building Complex, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the BuildingBuilding or Building Complex, which work may create noise, dust or leave debris in the BuildingBuilding Complex, (iii) renovation and/or expansion of the main entry to the Building Complex and the main Building lobby area, (iv) renovation of the elevator, lobbies, elevator doors and frames and restrooms, and (v) installations, repairs or maintenance of telephone risers. Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations or Landlord’s actions in connection with such Renovations provided that such Renovations Landlord shall not be in the interior use commercially reasonable efforts to minimize impairment of Tenant’s use of and access to the Premises.
Appears in 1 contract
Samples: Office Lease (Accelrys, Inc.)
Landlord Renovations. It is specifically understood and agreed that --------------------- Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Building, Project, or any part thereof, thereof and that no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as specifically set forth hereinherein or in the Tenant Work Letter. However, Tenant acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Building, Premises, and/or ProjectReal Property, including without limitation the parking facilitiesstructure, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) installing sprinklers in the Building common areas and tenant spaces, (ii) modifying the common areas and/or and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iiiii) installing new carpetingfloor covering, lighting, and wall coverings in certain the Building common areas, and in connection with such any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Monthly Rent Rent. Landlord shall have no responsibility or additional rentfor any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, provided that nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations shall not be or Landlord's actions in the interior of the Premisesconnection with such Renovations.
Appears in 1 contract
Samples: Office Lease (Mego Financial Corp)