Common use of LANDLORD’S ACCESS TO THE PREMISES Clause in Contracts

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designees: (i) at all reasonable hours, and on reasonable notice to the Tenant, which may be oral, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably needed therefor. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises and where ducts, pipes or conduits are to be erected through the premises, Landlord will use commercially reasonable efforts to install and conceal them in walls, floors or ceilings of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the Tenant shall be removed by summary proceedings, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed.

Appears in 2 contracts

Samples: Lease Agreement (Starmedia Network Inc), Lease Agreement (Starmedia Network Inc)

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LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, Tenant shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designees: (i) at all reasonable hours, and on upon reasonable notice to the Tenant, which may be oralnotice, to enter the premises Premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and ; or (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises Premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises Premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor, provided that any space so taken shall not be material to the conduct of Tenant's business in the Premises. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premisesPremises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes minimizes, so far as is practicable, the interference with the Tenant's use of the premises Premises or Tenant's wiring or improvements to the Premises and where ducts, pipes or conduits are to be erected through the premises, Landlord Premises will use commercially reasonable efforts to install and conceal locate them in walls, floors along walls or ceilings of the premises, or, if not wherever practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the Premises shall, in the Landlord's reasonable judgment, become substantially vacated before the expiration of this lease, or in the event the Tenant shall be removed by summary proceedingsproceedings or in the event that, during the last month of the term, the Tenant shall have removed all or substantially all of the Tenant's property therefrom, the Landlord may immediately enter into and upon said premises Premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premisesPremises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed.

Appears in 2 contracts

Samples: Lease Agreement (Getty Images Inc), Lease Agreement (Getty Images Inc)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, Tenant shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designees: (i) at all reasonable hours, and on upon reasonable notice to the Tenant, which may be oralnotice, to enter the premises Premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and ; or (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises Premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises Premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor, provided that any space so taken shall not be material to the conduct of Tenant's business in the Premises. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premisesPremises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes minimizes, so far as is practicable, the interference with the Tenant's use of the premises Premises or Tenant's wiring or improvements to the Premises and where ducts, pipes or conduits are to be erected through the premises, Landlord Premises will use commercially reasonable efforts to install and conceal locate them in walls, floors along walls or ceilings of the premises, or, if not wherever practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the Premises shall, in the Landlord's reasonable judgment, become substantially vacated before the expiration of this lease, or in the event the Tenant shall be removed by summary proceedingsproceedings or in the event that, during the last month of the term, the Tenant shall have removed all or substantially all of the Tenant's property therefrom, the Landlord may immediately enter into and upon said premises Premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premisesPremises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed.. ARTICLE TEN

Appears in 1 contract

Samples: Lease Agreement (Getty Images Inc)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, Tenant shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designeesagents: (i) at all reasonable hours, hours and on upon reasonable notice to the Tenant, which may be oralnotice, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, ; and (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations(including specifically access to the air conditioning equipment rooms), and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under clause (ii) or under the sentence of this subdivision (a) of Article NINESEVENTH immediately preceding this one, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises so far as practicable and where ducts, pipes or conduits are to be erected through the premises, Landlord premises will use commercially reasonable efforts to install and conceal locate them in walls, floors along walls or ceilings wherever practicable and in locations which will not materially adversely affect Tenant's use of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the premises shall, in the Landlord's judgment, become substantially vacated before the expiration of this lease, or in the event that the Tenant shall be removed by summary proceedings, or in the Landlord event that, during the last month of the term, the Tenant shall have removed all or substantially all of the Tenant's property therefrom, the Landlord, upon not less than twenty (20) days prior notice to Tenant, may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing the same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If In the Tenant event of an emergency or an officer or authorized employee of if the Tenant shall not be personally present permit the Landlord to open and permit an entry into said premiseshave access to the premises as required by paragraph (a) above, at any time, then when for any reason an entry therein access shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or or, in the case of an emergency, may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease lease, and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed.

Appears in 1 contract

Samples: Lease Agreement (Healthworld Corp)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designeesagents: (i) at all reasonable hours, hours and on upon reasonable notice to the Tenant, which may be oralnotice, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, ; and (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations(including specifically access to the air conditioning equipment rooms), and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under clause (ii) or under the sentence of this subdivision (a) of Article NINESEVENTH immediately preceding this one, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises so far as practicable and where ducts, pipes or conduits are to be erected through the premises, Landlord premises will use commercially reasonable efforts to install and conceal locate them in walls, floors along walls or ceilings of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible wherever practicable and in such a manner that locations which will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance use of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressedthe-premises. (b) In the event that the premises shall, in the Landlord's judgment, become substantially vacated before the expiration of this lease, or in the event that the Tenant shall be removed by summary proceedings, or in the event that, during the last month of the term, the Tenant shall have removed all or substantially all of the Tenant's property therefrom, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing the same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If In the Tenant event of an emergency or an officer or authorized employee of if the Tenant shall not be personally present permit the Landlord to open and permit an entry into said premiseshave access to the premises as required by paragraph (a) above, at any time, then when for any reason an entry therein access shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or or, in the case of an emergency, may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease lease, and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed.

Appears in 1 contract

Samples: Lease (Sma Real Time Inc)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, Tenant shall, without in any way affecting the Tenant's ’s obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designeesagents: (i1) at all reasonable hours, hours and on upon reasonable notice to the Tenant, which may be oralnotice, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and and, during the last nine months of the term, to show them to prospective tenants; (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations(including specifically access to the air conditioning equipment rooms), and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor; and (iii) during the six months preceding the termination hereof, to place and maintain thereon the usual “for rent” notices. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under clause (ii) or under the sentence of this subdivision (a) of Article NINESEVENTH immediately preceding this one, the Landlord will do so in a manner which minimizes the interference with the Tenant's ’s use of the premises so far as practicable and where ducts, pipes or conduits are to be erected through the premises, Landlord premises will use commercially reasonable efforts to install and conceal locate them in walls, floors within existing walls or ceilings wherever practicable (and shall xxxx any such ducts, pipes or conduits when it is not possible to locate them within walls) and in locations which will not materially adversely affect Tenant’s use of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the premises shall, in the Landlord’s judgment, become substantially vacated before the expiration of this lease, or in the event that the Tenant shall be removed by summary proceedings, or in the event that, during the last month of the term, the Tenant shall have removed all of the Tenant’s property therefrom, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing the same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's ’s part for other compensation, and such acts shall have no effect upon this lease. (c) If In the Tenant event of an emergency or an officer or authorized employee of if the Tenant shall not be personally present permit the Landlord to open and permit an entry into said premiseshave access to the premises as required by paragraph (a) above, at any time, then when for any reason an entry therein access shall be necessary or permissible hereunder, the Landlord or the Landlord's ’s agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or or, in the case of an emergency, if necessary, may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's ’s property) and without in any manner affecting the obligations and covenants of this lease lease, and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed, and Landlord shall use reasonable efforts to give Tenant notice of such entry promptly thereafter, which notice may be oral. (d) The Landlord intends to perform repair and restoration work on the facade of the building during the term of this lease. If in connection with such work, there is an accumulation of dirt on the exterior of the windows, the Landlord shall promptly, at its expense, cause the exterior of such affected windows to be cleaned.

Appears in 1 contract

Samples: Sublease Agreement (Criteo S.A.)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designees: : (i) at all reasonable hours, and on reasonable notice to the Tenant, in non-emergency situations (which notice may be oral, ) to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and ; (ii) on reasonable noticenotice (which notice may be oral, in writing, (and except that no notice shall be required in an emergencyemergencies) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor; and (iii) during the six months preceding the termination hereof, to place and maintain thereon the usual "for rent" notices. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises so far as practicable and where ducts, pipes or conduits are to be erected through the premises, Landlord premises will use commercially reasonable efforts to install and conceal locate them in walls, floors along walls or ceilings of the premises, or, if not wherever practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the premises shall, in the Landlord's judgment, become substantially vacated before the expiration of this lease, or in the event the Tenant shall be removed by summary proceedingsproceedings or in the event that, during the last month of the term, the Tenant shall have removed all or substantially all of the Tenant's property therefrom, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed.

Appears in 1 contract

Samples: Lease Agreement (Princeton Review Inc)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, Tenant shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designees: : (i) at all reasonable hours, and on upon reasonable notice to the Tenant, which may be oralnotice, to enter the premises Premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and ; or (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises Premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises Premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably space needed therefor, provided that any space so taken shall not be material to the conduct of Tenant's business in the Premises. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premisesPremises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes minimizes, so far as is practicable, the interference with the Tenant's use of the premises Premises or Tenant's wiring or improvements to the Premises and where ducts, pipes or conduits are to be erected through the premises, Landlord Premises will use commercially reasonable efforts to install and conceal locate them in walls, floors along walls or ceilings of the premises, or, if not wherever practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the Premises shall, in the Landlord's reasonable judgment, become substantially vacated before the expiration of this lease, or in the event the Tenant shall be removed by summary proceedingsproceedings or in the event that, during the last month of the term, the Tenant shall have removed all or substantially all of the Tenant's property therefrom, the Landlord may immediately enter into and upon said premises Premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premisesPremises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed. ARTICLE TEN ELECTRIC CURRENT; LIVE STEAM (a) So long as electric current is to be supplied by the Landlord, the Tenant covenants and agrees to purchase the Tenant's requirements therefor at the Premises from the Landlord or the Landlord's designated agent at a price equal to 108% of the Rates (as hereinafter defined) set forth in the rate schedule of Consolidated Edison Company of New York, Inc. applicable to the building (or the conjunctional group in which the building is included), plus an amount equal to all sales, use and gross receipt taxes and other governmental charges or levies, generally applicable to the purchase and sale of electricity in New York City (and without regard to whether the Landlord is exempt from paying or collecting any such tax, charge or levy), including any adjustment for time-of-day for either demand or consumption. As used herein, the term "Rates" shall mean the rates for all components of the aggregate cost of purchasing electricity for the building, including, without limitation, all charges related to the generation, transmission, distribution and service and all charges for consumption and demand (including, without limitation, all seasonal and time-of-day adjustments and fuel escalation charges relating to such consumption and demand charges). All amounts payable under this Article TEN shall constitute additional rent for the purpose of the enforcement of the Landlord's rights.

Appears in 1 contract

Samples: Lease Agreement (Getty Images Inc)

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LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, shall, Tenant shall without in any way affecting the Tenant's tenant’s obligations hereunder, and without constituting any eviction, permit the Landlord and its agents and designees: (i) at all reasonable hours, and on reasonable notice to the Tenant, which may be oral, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and ; (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning conditioned rooms located therein) to make repairs and alterations, alterations and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable spacespace needed therefore; sand (iii) during the six months preceding the termination hereof, reasonably needed thereforto place and maintain thereon the usual “for rent” notices. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord landlord will do so in a manner which minimizes the interference with the Tenant's tenant’s use of the premises so far as practicable and where ducts, pipes or conduits are to be erected through the premises, Landlord premises will use commercially reasonable efforts to install and conceal locate them in walls, floors alone walls or ceilings of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressedceiling wherever practical. (b) In the event that the premises shall, in the Landlord’s judgment, become substantially vacated before the expirations of this lease, or in the event the Tenant shall be removed by summary proceedingsproceedings or in the event the tenant shall be removed by summary proceedings or in the event that, during the last month of the term, the tenant shall have moved all or substantially all of the Tenant’s property there from, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing same for of a new tenant, without thereby causing any abatement of rent or liability on the Landlord's ’s part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant tenant shall not be personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's ’s agents, may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, key or may forcibly enter the same without rendering the Landlord landlord or such agents liable therefor therefore (if during such entry the Landlord shall accord reasonable care to the Tenant's ’s property) and without in any manner affecting the obligations and covenants of this lease and in no event even shall any such entry by the Landlord landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant tenant to be performed.

Appears in 1 contract

Samples: Lease Agreement (Inuvo, Inc.)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Subject to Tenant’s reasonable security requirements, shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit the Tenant agrees that Landlord and its agents and designees: (i) at all reasonable hours, and on reasonable notice to the Tenant, which may be oral, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably needed therefor. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises and where ducts, pipes or conduits are to be erected through the premises, Landlord will use commercially reasonable efforts to install and conceal them in walls, floors or ceilings of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's ’s agents, employees or contractors servants or any person authorized by Landlord may enter the Premises, after at least 24 hours prior notice, during normal business hours, except that any of the above shall be accompanied by a representative permitted to enter the Premises at any time when it is believed there is an emergency situation which warrants entry. Such entry may be to inspect the condition of the Tenant and the Tenant agrees Premises, to make such repairs, additions, improvements, changes or alterations to the Premises, the building of which the Premises are a representative available for such purposepart of the Center, as Landlord may elect to make, as permitted by this Lease. The Landlord will exercise its rights pursuant may exhibit the Premises to prospective purchasers or encumbrances of the building in which the Premises are contained, or, in the last six (6) months of the Term, to prospective tenants. Such entry, inspection and repairs, additions, improvements, changes or alterations as Landlord may make of the Premises or of the building of which the Premises are a part or of the Center, as permitted by this paragraph (a) Lease, shall not constitute eviction of Tenant in such manner so as whole or in part, shall not to materially adversely affect relieve Tenant from the Tenant's physical systems, alterations and/or improvementscontinued performance of all covenants conditions and agreements of this Lease, and the Landlord, at rent reserved shall in no wise xxxxx while such work is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance being done by reason of such work. Notices sent by the Landlord pursuant to clause (ii) loss of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first interruption of business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. (b) In the event that the Tenant shall be removed by summary proceedings, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer otherwise. If Tenant or authorized employee of the Tenant Tenant’s agent or employees shall not be personally present to open and permit an entry into said premises, the Premises at any time, when time and for any reason an when entry therein shall be necessary or and permissible hereunderunder this Lease, the Landlord or the Landlord's agents, ’s agents or employees may in the case of an emergency or the Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same whatever means necessary without rendering the Landlord or such agents liable liability therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants obligations, covenants, terms or conditions of this lease and in no event Lease. Nothing herein contained, however, shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this leaseor construed to impose upon Landlord any obligation or liability whatsoever for care, either expressed supervision, repair, improvement, addition, change or implied, nor a waiver by the Landlord of any covenant of this lease on the part alteration of the Tenant to be performedPremises, the building or the Center other than as herein expressly provided.

Appears in 1 contract

Samples: Lease Agreement (1st Centennial Bancorp)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, Tenant agrees to permit the Landlord and its agents and designees: (i) at all reasonable hours, and on reasonable notice to the Tenant, which may be oralany authorized representatives of Landlord, to enter the premises Premises at all reasonable times (i.e. on business days and have access theretoduring business hours, unless otherwise specified by Tenant), on reasonable advance notice, except in the case of emergency, for the purpose of inspecting same. Any such inspections shall be solely for Landlord’s purposes and may not be relied upon by Tenant or examining them and to show them to any other personsperson. If in Landlord’s reasonable judgment, and (ii) on reasonable noticeTenant is in Default of any of its obligations under this Lease beyond the expiration of any applicable cure period, in writingaddition to any other rights and remedies available to Landlord hereunder, at law or in equity, Landlord may, but shall not be obligated to, perform such obligation for the account and at the expense of Tenant, without notice (except no notice shall be required in an emergencyas specified above) including, without limitation, the right to enter the premises Premises to make any repairs, replacements, alterations, improvements or additions, as Landlord shall reasonably deem necessary to cure such Default by Tenant. All costs incurred by Landlord in performing such obligation (including, specificallywithout limitation, the cost of all repairs, replacements, alterations, improvements and additions made by Landlord to the Premises to cure such Default plus an additional twenty percent (20%) of such cost to cover Landlord’s overhead and related expenses) together with all reasonable actual attorneys’ fees and expenses incurred in enforcing any of Tenant’s obligations under this Lease shall become Additional Rent due hereunder payable by Tenant on demand. At any time Landlord enters upon the Premises to perform such repairs, replacements, alterations, improvements or additions, during such operations, Landlord shall have the right to take onto the Premises or any portion thereof, all mechanical material and air conditioning rooms located therein) to make repairs and alterationsequipment required, and to do close and temporarily suspend operation of entrances, doors, corridors, elevators and other facilities in and to the Facility, and to have access to and open all ceilings, without liability to Tenant by reason of interference, inconvenience, annoyance or loss of business; provided, however, that with respect to any work performed by or on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up behalf of the building) and to take in any of the foregoing instances, any reasonable space, reasonably needed therefor. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under this Article NINE, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises and where ducts, pipes or conduits are to be erected through the premises, Landlord will use commercially reasonable efforts to install and conceal them in walls, floors or ceilings of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) Section 13, Landlord shall, to the extent within its reasonable control, cause such work to be done in such a manner so as not to materially adversely affect unreasonably interfere with Tenant’s use of the Tenant's physical systems, alterations and/or improvementsPremises. Landlord may do any such work during ordinary business hours, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the pay Landlord to whom such notice should be addressed. (b) In the event that the Tenant shall be removed by summary proceedings, the Landlord may immediately enter into for overtime and upon said premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may in the case of an emergency or the other expenses incurred if such work is done during other hours at Tenant's repeated refusal to grant the Landlord access after the Landlord has requested access, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care to the Tenant's property) and without in any manner affecting the obligations and covenants of this lease and in no event shall any such entry by the Landlord or its agents be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of any covenant of this lease on the part of the Tenant to be performed’s request.

Appears in 1 contract

Samples: Lease Agreement (Cryolife Inc)

LANDLORD’S ACCESS TO THE PREMISES. (a) The Tenant, shall, without in any way affecting the Tenant's obligations hereunder, and without constituting any eviction, permit Landlord does hereby agree ---------------------------------- that whenever the Landlord and its agents and designees: (i) at all reasonable hours, and on reasonable notice shall exercise any right of access or entry into the Premises for purposes permitted under or pursuant to the Tenant, which may be oral, to enter the premises and have access thereto, for the purpose of inspecting or examining them and to show them to other persons, and (ii) on reasonable notice, in writing, (except no notice shall be required in an emergency) to enter the premises (including, specifically, all mechanical and air conditioning rooms located therein) to make repairs and alterations, and to do any work on the premises or any adjoining premises and any work in connection with excavation or construction on any adjoining premises or property (including, but not limited to, the shoring up of the building) and to take in any of the foregoing instances, any reasonable space, reasonably needed therefor. The Tenant shall permit the Landlord to erect and maintain ducts, pipes and conduits in and through the premises. In the exercise of the rights of the Landlord reserved under this Article NINELease, the Landlord will do so in a manner which minimizes the interference with the Tenant's use of the premises and where ducts, pipes or conduits are to be erected through the premises, Landlord will use commercially reasonable efforts to install and conceal them in walls, floors or ceilings of the premises, or, if not practicable, then "snug" to columns or ceilings whenever reasonably possible and in such a manner that will not reduce the rentable square footage of the premises by more than a de minimis amount. The Landlord agrees that for all non-emergency entries into the premises, if requested by the Tenant, the Landlord's agents, employees or contractors shall be accompanied by a representative of the Tenant and the Tenant agrees to make a representative available for such purpose. The Landlord will exercise its rights pursuant to this paragraph (a) in such manner so as not to materially adversely affect the Tenant's physical systems, alterations and/or improvements, and the Landlord, at is sole cost and expense, shall restore the Tenant's premises in a good and workmanlike manner to the condition existing prior to the performance of such work. Notices sent by the Landlord pursuant to clause (ii) of this paragraph (a) may be hand delivered to orally notify the Tenant at the premises or be sent by facsimile transmission and such notice shall be deemed to have been given on the first business day following the date of delivery or transmission. The Tenant shall advise the Landlord to whom such notice should be addressed. least forty-eight (b48) In the event that the Tenant shall be removed by summary proceedings, the Landlord may immediately enter into and upon said premises for the purpose of decorating, renovating or otherwise preparing same for a new tenant, without thereby causing any abatement of rent or liability on the Landlord's part for other compensation, and such acts shall have no effect upon this lease. hours in advance (c) If the Tenant or an officer or authorized employee of the Tenant shall not be personally present to open and permit an entry into said premises, at any time, when for any reason an entry therein shall be necessary or permissible hereunder, the Landlord or the Landlord's agents, may except in the case of an emergency, or at any time after the Tenant is in default of its obligations under the Lease, the applicable cure period, if any having expired), of Landlord's intent to enter or otherwise access the Premises. The Landlord does hereby agree that it will conduct any access or entry into the Premises in such a manner as will cause the least interference reasonably necessary given the nature or reason for such access or entry; provided however that nothing herein contained shall be deemed or construed as requiring the Landlord to conduct any right of access or entry into the Premises after hours in the event that waiting until after hours will either exasperate an emergency or the Tenant's repeated refusal to grant require the Landlord access after to pay overtime or premium costs to contractors or others. The Landlord does hereby acknowledge that the Landlord has requested accessTenant will designate certain areas of the Premises as "Security Areas". Notwithstanding any provision of the Lease to the contrary, enter the same by a master key, or may forcibly enter the same without rendering the Landlord or such agents liable therefor (if during such entry the Landlord shall accord reasonable care not be entitled to keys or access cards for such Security Areas. In the event of an emergency requiring immediate access by Landlord to such Security Areas, the Landlord shall not be responsible to Tenant for any damage reasonably believed necessary and caused by Landlord's accessing the Security Areas for emergency purposes. Notwithstanding any provision of the Lease to the Tenant's propertycontrary, the Tenant shall be entitled to install such locks, security devices (including card key access systems) and as the Tenant desires without first notifying the Landlord in any manner affecting the obligations and covenants of this lease and advance. Provided, however that in no event shall relation to any such entry by locks, security devices (including card key access systems), the Tenant shall except in relation to Security Areas concurrently with the installation of the same, provide the Landlord with keys, access cards or its agents combinations (as may be deemed an acceptance of a surrender of this lease, either expressed or implied, nor a waiver by the Landlord of appropriate) in relation to such newly installed items. Notwithstanding any covenant of this lease on the part provision of the Lease to the contrary, so long as Tenant is not in default, Landlord's right to show the Premises to prospective tenants shall be performedlimited to the last six (6) months of the Term (as the same may have been renewed by Landlord and Tenant). Landlord shall provide oral notice to Tenant twelve (12) hours in advance prior to exhibiting the Premises.

Appears in 1 contract

Samples: Lease Agreement (Platinum Technology Inc)

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