Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable. (b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed. (c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 5 contracts
Samples: Lease Agreement (MSG Entertainment Spinco, Inc.), Lease Agreement (MSG Entertainment Spinco, Inc.), Lease (MSG Spinco, Inc.)
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations any applicable limitations required by the Marijuana Code or additions any other applicable regulations. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 5 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s Landlord and its authorized agents, utility companies employees, subcontractors and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents representatives shall have the right to enter the Leased Premises at any time during emergencies (Landlord agrees to use reasonable efforts to notify Tenant of any such emergency) and at all reasonable times, upon reasonable times with prior notice to Tenant for any of the following purposes: (which notice may be oral) except in the case of emergency, (ia) to examine determine whether the Premises, Leased Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (iib) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings do any necessary maintenance and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations alterations, improvements or additions in or to the Leased Premises or the Buildings (A) as Landlord may reasonably deem necessary has the right or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect obligation to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access as Landlord may be required to the Premises do or the health and safety of occupants make by law, or invitees of the Premises are threatened, as Landlord shall, may from time to the extent practicable, perform such obligation on an overtime basis until access is restored time deem necessary or such threat is removed.
desirable; (c) All parts to exhibit the Leased Premises to prospective tenants during the last nine (9) months of the term of this Lease or during any period while Tenant is in default under this Lease; and (d) to show the Leased Premises to prospective lenders, brokers, agents, buyers or persons interested in an exchange, at any time during the term of this Lease; provided, however, in no event shall Landlord’s entry into the Leased Premises for any reason other than an emergency unreasonably interfere with Tenant’s use of the Leased Premises or disturb the normal operations of Tenant’s business If, at any time during the last month of the Term of this Lease, Tenant shall have removed all of Tenant’s property from all or any portion(s) of the Leased Premises, Landlord may, with Tenant’s prior consent which consent shall not be unreasonably withheld or delayed (except surfaces facing that no consent shall be required if Tenant is in default under this Lease) immediately enter and alter, renovate and decorate the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor wallssame, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord such acts shall have the use thereof no effect upon Tenant’s remaining obligations and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repaircovenants under this Lease.
Appears in 4 contracts
Samples: Lease Agreement (Valeritas Inc), Lease Agreement (Valeritas Inc), Lease Agreement (Valeritas Holdings Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies agents and other service providers public utilities servicing the Buildings Building to erectinstall, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountPremises. Landlord shall promptly repair any damage to the Ancillary Space or TenantLandlord’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, times upon reasonable prior notice (except no such prior notice shall be required in case of emergency), which notice may be oral) except in the case of emergency, (i) to examine the Premisessame, (ii) to show the Premises them to prospective purchasers, Mortgagees Mortgagees, Superior Lessors or Lessors lessees of the Buildings Building and their respective agents and representatives or others, andor, during the last 12 twelve (12) months of the Term, to show them to prospective lessees tenants of the Premises (it being understood that Tenant shall have the right to accompany Landlord during any inspection or exhibition of the Premises, except in the event of an emergency), and (iii) to make such repairs, alterations alterations, improvements or additions (a) as Landlord may deem necessary or desirable to the Premises or to any other portion of the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)Building, (Bb) which Landlord may reasonably elect to perform following Tenant’s failure to performmake repairs or perform any work which Tenant is obligated to make or perform under this Lease, or (Cc) to comply for the purpose of complying with any Requirements which are Landlord’s responsibilityLegal Requirements, and Landlord shall be allowed to take all material into and upon the Premises that may be required for the performance of such work therefor without the same constituting an actual eviction or constructive eviction of Tenant in whole or in part and without any abatement Fixed Rent and Additional Rent will not be abated while said repairs, alterations, improvements or additions are being made, by reason of Rent; provided that loss or interruption of business of Tenant, or otherwise. Landlord shall use take commercially reasonable efforts steps to remove those materials which are not required to remain in minimize the Premises between impact of such work sessions. Any party who accompanies on Tenant’s business operations and shall repair any damage caused by Landlord during the performance of such work (except to the extent such damage is caused by Tenant).
(b) If Tenant shall not be present when for any reason entry into the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home necessary or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencypermissible, Landlord shall not or Landlord’s agents may enter the Premises same without rendering Landlord or such agents liable therefor (if during times that would (aa) interfere with any of such entry Landlord or Landlord’s agents shall accord reasonable care to Tenant’s productions being staged at Property), and without in any manner affecting this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the Music Hall care, supervision or (bb) threaten the health or safety of occupants or invitees repair of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this LeaseBuilding or any part thereof, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairas herein provided.
Appears in 4 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Landlord’s Access. (a) 18.1 Tenant shall agrees to permit Landlord and its authorized representatives, at Landlord, Landlord’s agents, utility companies 's sole cost and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallexpense, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter upon the Premises at all reasonable timestimes during ordinary business hours, upon reasonable notice not less than two (2) business days prior notice, for the purpose of inspecting the same and making any necessary repairs or replacements which notice may be oral) except in are the case obligation of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, andLandlord. Landlord may, during the last 12 progress of any work required hereunder, keep and store upon the Premises all reasonably necessary materials, tools and equipment.
18.2 Landlord is hereby also given the right at all reasonable times during ordinary business hours, upon not less than two (2) business days prior notice, to enter upon the Premises and to exhibit the same for the purpose of mortgaging or selling the same or, during the final four (4) months of the Term, leasing the same.
18.3 In exercising its rights hereunder, Landlord shall refrain from any acts which may interfere with Tenant's use or occupancy of the Premises or access thereto. Without limiting the generality of the foregoing, Landlord acknowledges that it is necessary for Tenant to prospective lessees of control access to the Premises in order to avoid unauthorized persons from viewing Tenant's trade secrets, proprietary products, technology and/or processes. Accordingly, while within the Premises, Landlord and (iii) to make such repairsits representatives, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except thatat Tenant's option, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes and shall comply with reasonable directions of such representative available) but Landlord shall have no obligation relative to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit safety and to the Premisesprotection of Tenant's trade secrets and other proprietary information. Except in the case Landlord also agrees to defend, indemnify and hold Tenant harmless against any and all claims, damages, liability, costs and expenses arising out of an emergency, Landlord shall not enter or alleged to have arisen out of any entry onto the Premises during times that would (aa) interfere with any of by Landlord and/or its authorized representatives. Landlord agrees to execute and cause its authorized representatives to execute confidentiality agreements as required by Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 3 contracts
Samples: Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp), Industrial Building Lease (LKQ Corp)
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations any applicable limitations required by the Marijuan Code or additions any other applicable regulations. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 3 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, 32.1 Landlord and Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in performing any services required of Landlord, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders or Lessors of the Buildings and their respective agents and representatives Tenants, taking such safety measures, erecting such scaffolding or othersother necessary structures, andmaking such alterations, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations improvements or additions to the Premises or to the Buildings (A) Office Building Project as Landlord may reasonably deem deemed necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If Landlord may at any time place on or about the Premises or the Building any ordinary “For Sale” signs and Landlord may at any time during the last 120 days of the term hereof place on or about the Premises any ordinary “For Lease” signs.
32.2 All activities of Landlord pursuant to this paragraph shall be without abatement of rent, nor shall Landlord have any liability to Tenant for the same.
32.3 Landlord shall have the right to retain keys to the Premises and to unlock all doors in or upon the Premises other than to files, vaults and safes, and in case of emergency to enter the Premises by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Leaseany reasonably appropriate means, Tenant is either denied access and any such entry shall not be deemed a forceable or unlawful entry or detainer to the Premises or the health and safety of occupants an eviction. Tenant waives any charges for damages or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored injuries or such threat is removedinterference with Tenant’s property or business in connection therewith.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 3 contracts
Samples: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, 's agents and public utility companies and other service providers servicing the Buildings Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amountby an amount greater than two percent (2%). Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s 's Property caused by any work performed pursuant to this Article; in making Article 17, and restore the Premises and Tenant's Property to its condition immediately prior to such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicabledamage.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Building and their respective agents and representatives or others, andto provide the services to be provided by Landlord under this Lease, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building (Ai) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)appropriate, (Bii) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (Ciii) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided provided, however, that Landlord shall use reasonable efforts to remove those materials which are not required to remain in minimize interference with Tenant's use and occupancy of the Premises between during such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but access except that Landlord shall have no obligation to disclose such party’s name, home employ contractors or business affiliation labor at overtime or explain the reason for such party’s visit other premium pay rates or to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with incur any of Tenant’s productions being staged at the Music Hall other overtime costs or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedadditional expenses whatsoever.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, Premises (including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair; provided, however, that Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during such access except that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever.
Appears in 2 contracts
Samples: Office Building Lease (Imanage Inc), Office Building Lease (Imanage Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord and Landlord’s agents, utility companies agents and other service providers servicing the Buildings to erect, use representatives and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party parties designated by Landlord and their respective agents shall as having an interest in the Property will have the right right, at all reasonable hours, and in the presence of a representative of Tenant, to enter the Premises at all reasonable times, upon reasonable notice to: (which notice may be oral1) except in the case of emergency, (i) to examine the Premises; (2) make repairs and alterations that, in Landlord’s reasonable judgment, are necessary for the safety and preservation of the Premises and the Building; (ii3) to erect, maintain, repair or replace wires, cables, ducts, pipes, conduits, vents or plumbing equipment; (4) show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, new tenants during the last 12 eighteen (18) months of the Term, ; and (5) show the Premises to any mortgagees or prospective lessees purchasers of the Premises, and . Landlord shall give Tenant one (iii1) to make such repairs, alterations or additions to business days prior written notice before entering the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable for any reason (except that, in the event of an Emergency when no prior notice is required to be given as to the Premises, only as are reasonably necessaryprovided herein), (B) which Landlord may reasonably elect to perform following . Upon Tenant’s failure to performrequest, Landlord or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises its agents shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the PremisesTenant. Except in the case of an emergencyNotwithstanding anything contained herein, Landlord shall not be permitted to enter the Premises during times that would (aaany portion(s) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatenedif Legal Requirements prohibit Landlord’s access to such portion of the Premises due to confidentiality restrictions. Landlord agrees that its employees, Landlord shall, to representatives or agents shall not enter any “Tissue Recovery Area” or other sterile areas within the extent practicable, perform such obligation on an overtime basis until access is restored Premises without wearing protective garments as issued by or such threat is removedapproved by Tenant.
(cb) All Landlord will have the right, at any time, to (1) change the arrangement and/or location of public entrances, passageways, doors, doorways, corridors, elevators, stairs, toilets or any other public parts (except surfaces facing the interior of the PremisesBuilding; (2) make repairs, alterations or improvements to any portion of all wallsthe Building; (3) designate portions of the Building and the Property as Common Areas and change such designations from time to time in Landlord’s sole discretion, windows (4) change the name and/or number of the Building; and doors bounding the Premises(5) change lawns, including exterior Building wallssidewalks, exterior core corridor wallsdriveways, and doors and entrances (other than doors and entrances solely connecting parking areas within the Premises), all balconies, terraces and roofs and/or streets adjacent to or around the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairBuilding.
Appears in 2 contracts
Samples: Lease Agreement (BTRS Holdings Inc.), Lease Agreement (South Mountain Merger Corp.)
Landlord’s Access. (a) Tenant shall permit LandlordLandlord and its agents to enter into and upon the Premises, upon not less than forty-eight (48) hours advance written notice, at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining the building in which said Premises are situated, or for the purpose of making repairs, to the Premises pursuant to Landlord’s agentsObligations, utility companies as defined below, including the erection and other service providers servicing maintenance of such scaffolding, canopy, fences and props as may be required, or for the Buildings to erectpurpose of posting notices of non-liability for alterations, use and maintain concealed ductsadditions or repairs, pipes and conduits or for the purpose of placing upon the property in and through which the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountPremises are located any usual or ordinary “For Sale” signs. Landlord shall promptly repair be permitted to do any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, above without any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case rebate of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part rent and without any abatement liability to Tenant for any loss of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home occupation or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees quiet enjoyment of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior thereby occasioned provided if Xxxxxxxx’s exercise of the Premises) any of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of above rights materially interferes with Tenant’s business operations at the Premises, and Landlord is grossly negligent in its actions, then to the extent that Tenant cannot reasonably continue its normal business operations for more than five (5) consecutive days, Rent due hereunder shall have be abated until such time as the use thereof material interference ceases and access thereto through Xxxxxx is able to resume normal business operations in the Premises. Tenant shall permit the Landlord, at any time within one hundred eighty (180) days prior to the expiration of this Lease, to place upon said Premises any usual or ordinary “For Lease” signs and during such one hundred eighty (180) day period Landlord or his agents may, during normal business hours, upon not less than forty-eight (48) hours advance written notice, enter the Premises for the purposes purpose of Building operation, maintenance, alteration and repairshowing the same to prospective tenants.
Appears in 2 contracts
Samples: Lease (1847 Holdings LLC), Lease (1847 Holdings LLC)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage Subject to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to provisions of this Article; in making such repairsSection, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) times to show the Premises to prospective purchaserspotential buyers, Mortgagees or Lessors of investors, tenants (but with respect to potential tenants, only in the Buildings and their respective agents and representatives or others, and, during the last 12 final twelve (12) months of the Term) or other parties; to inspect and conduct tests in order to monitor Tenant’s compliance with Legal Requirements governing Hazardous Materials; for purposes described in Sections 2.01, to 9.04, 10.03 and/or 10.04(b); or for any other purpose Landlord reasonably deems necessary. No prospective lessees of the Premiseslender, and (iii) to make such repairspurchaser, alterations or additions tenant claiming through Landlord shall be permitted access to the Premises without a representative of Landlord present. Except in the event of an emergency posing an imminent threat of personal injury or damage to the Buildings Property (Ain which event notice shall be provided as soon as reasonably practicable), Landlord shall give Tenant at least one (1) as Business Day’s prior notice (which may be oral) of any entry by Landlord into the Premises. Unless otherwise authorized by Tenant in advance, any entry into the following secured areas within the Premises: laboratory space and areas identified in Section 2.01(f) for the storage of Hazardous Materials, other than in case of emergency shall occur only with a representative of Tenant or its authorized designee present and Tenant agrees to make a representative available for such purpose during Normal Business Hours, Monday through Friday; provided, however, if Tenant’s representative fails to appear for a scheduled inspection or access by Landlord, Landlord may reasonably deem necessary nevertheless proceed with such scheduled inspection or desirable (except thataccess. Notwithstanding the foregoing, as to the Premisesin case of emergency, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with enter any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into part of the Premises without prior notice to Tenant provided that may be required for the performance Landlord provides Tenant with notice of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that entry as soon as reasonably possible thereafter. Landlord shall use reasonable efforts not to remove those materials which are not required to remain in interfere with Tenant’s use and occupancy of the Premises between such work sessionswhen exercising Landlord’s rights under this paragraph. Any party who accompanies Landlord agrees to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere comply with any of Tenant’s productions being staged at the Music Hall or reasonable requirements (bbincluding without limitation requirements in connection with access, health, safety, and/or security checks) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied in connection with non-emergency access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicableto which the same are consistent with the provisions of this Section and have been provided to Landlord in writing prior to any such entry. Upon request by Tenant, perform Landlord and any parties who are given access to the above-described secured areas shall enter into reasonable confidentiality agreements with Tenant, in form reasonably acceptable to both Landlord and Tenant, prior to such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing in the interior event of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premisesan emergency), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease (C4 Therapeutics, Inc.), Lease (C4 Therapeutics, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount6.3.1. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallits agents may, to the extent practicable, match permitted by the then existing finishes in such portions Act and the guidance and instruction of the Ancillary Space or Tenant’s PropertyRegulator, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all only for commercially reasonable times, purposes and only during business hours and upon reasonable prior written notice to Tenant (which notice may be orala minimum of twenty-four (24) hours except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following at Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be option accompanied by a representative of Tenant (provided Tenant makes such representative available), to inspect the Premises or to show the Premises to potential buyers, investors, tenants (but for potential tenants only during the last twelve (12) but months of the Term or at any time while a continuing and uncured Event of Default occurs after the expiration of applicable notice and cure periods contained in this Lease), or other parties (including Landlord’s mortgagee. Landlord may place customary “For Sale” or “For Lease” signs on or about the Premises only during the period that is one hundred eighty (180) days prior to the end of the Term of this Lease (unless otherwise agreed with Tenant) or if Tenant vacates the Premises prior to the expiration of the Term of this Lease.
6.3.2. Landlord shall have no obligation exercise all reasonable efforts so that any entry into the Premises is reasonably designed to disclose such partyminimize interference with the operation of Tenant’s name, home or business affiliation or explain in the reason for such party’s visit Premises.
6.3.3. Notwithstanding any provision in this Lease to the Premisescontrary, Tenant may, at its own expense, provide its own locks to certain areas within the Premises (each, a “Secured Area”). Except Tenant need not furnish Landlord with a key to any such Secured Area, but upon the expiration or earlier termination of this Lease, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall provide Tenant with not less than seventy-two (72) hours’ notice and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to do so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its reasonable discretion that an emergency in the case Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Landlord shall give Tenant prior notice of such emergency entry to the extent such prior notice may be reasonable under the circumstances, and if prior notice is not available because of an emergency, the Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure provide notice to perform an obligation which Tenant as soon as is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedpracticable thereafter.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents its representatives shall have the right without charge to enter the Premises at all reasonable timesit and without reduction in Base Rent or Additional Rent, upon reasonable notice (which notice may shall be oral) at least 24 hours’ notice, except in the case of an emergency), (i) at reasonable times and in such manner as shall not unreasonably interfere with Tenant’s business, to examine enter the Premises, (ii) to show Premises for the purpose of showing the Premises to prospective purchasers, Mortgagees or Lessors tenants (during the last year of the Buildings Lease Term) and their respective agents lenders and representatives investigating repair or othersmaintenance problems and to make such repairs or changes as Landlord deems advisable, and to maintain, use, repair, replace, relocate or introduce pipes, ducts, wires, meters and any other Landlord’s fixtures serving or to serve the Premises or other parts of the Project (which shall be installed above ceilings, behind walls, or in other areas which do not interfere with Tenant’s business), or to maintain or repair any portion of the Project, and, during the last 12 months in case of the Terman emergency, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to whether resulting from circumstances in the Premises or elsewhere on the Buildings Project, Landlord or its representatives may enter the Premises (Aforcibly, if necessary) at any time to take such measures as Landlord may reasonably deem necessary or desirable (except thatbe needed to cope with such emergency. Such access shall include, as but not be limited to, the right to the Premisesopen floors, only as are reasonably necessary)walls, (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityceilings, and Landlord shall be allowed to take all material into the Premises that may be required building systems for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; foregoing purposes provided that Landlord shall use commercially reasonable efforts to remove those materials which are not required to remain in minimize the Premises between such work sessions. Any party who accompanies Landlord amount of time it requires access to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but in connection with maintenance, repairs or changes as aforesaid. Landlord shall have no obligation repair all such portions of the Premises as may be damaged due to disclose such partyLandlord’s name, home or business affiliation or explain the reason for such party’s visit to the Premisesentry as provided herein. Except Other than where impractical in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of give Tenant reasonable opportunity to have a Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on representative accompany Landlord under this Lease, Tenant is either denied during any access to the Premises by Landlord pursuant to this Section. In the event that any such repairs, work or other activities undertaken as herein provided interferes with Tenant’s operations to such a material extent (in the health and safety exercise of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(cTenant’s reasonable business judgment) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through that Tenant ceases its operations at the Premises for the purposes a period in excess of Building operationtwo (2) consecutive Business Days, maintenance, alteration all rental obligations and repairother charges thereafter shall be equitably adjusted for so long as such interference continues.
Appears in 2 contracts
Samples: Lease Agreement (Genocea Biosciences, Inc.), Lease Agreement (Genocea Biosciences, Inc.)
Landlord’s Access. Upon reasonable advance notice (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits except in and through the Ancillary Space, provided such use does not cause the usable area ------------------------------ case of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairsemergency), Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents its representatives shall have the right without charge to it and without reduction in Base Rent or Additional Rent, at reasonable times and in such manner as shall not unreasonably interfere with Tenant's business, to enter the Premises at all for any reasonable timespurpose (including, upon reasonable notice (which notice may be oral) except in the case of emergencywithout limitation, (i) to examine the Premises, (ii) to show showing the Premises to prospective purchasers, Mortgagees tenants and lenders) and, if Landlord so elects, to make entry for the purpose of investigating repair or Lessors maintenance problems and to make such repairs or changes as Landlord deems advisable, and to maintain, use, repair, replace, relocate or introduce pipes, ducts, wires, meters and any other Landlord's fixtures serving or to serve the Premises or other parts of the Buildings and their respective agents and representatives Landlord's Property, or othersto maintain or repair any portion of Landlord's Property, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, whether resulting from circumstances in the Premises or elsewhere in Landlord's Property, Landlord shall not or its representatives may enter the Premises during times that would (aaforcibly, if necessary) interfere at any time to take such measures as may be needed to cope with any of Tenant’s productions being staged at such emergency. Such access shall include, but not be limited to, the Music Hall or (bb) threaten right to open floors, walls, ceilings, and building systems for the health or safety of occupants or invitees of the Premisesforegoing purposes. If by reason Landlord may place "For Lease", "For Rent" and/or "For Sale" signs on Landlord's Property. Any exercise of Landlord’s failure to perform an obligation which is imposed on Landlord 's rights under this LeaseSection 7.10 shall be conducted at such times and in such manner as to minimize, Tenant is either denied access to the Premises extent reasonable, any interference with Tenant's operations and shall be diligently pursued to completion. Any relocation or the health and safety introduction of occupants or invitees of the Premises are threatenedpipes, Landlord ducts, wires, meters and/or other fixtures shall, to the extent practicablereasonably practical, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior be undertaken so as to minimize any loss of usable area in the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Office Lease (Smarterkids Com Inc), Office Lease (Learningstar Inc)
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations or additions any applicable limitations required by any applicable regulations. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (Millennium Sustainable Ventures Corp.), Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes pipes, and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicableArticle 14.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable advance notice (which notice may be oraloral but not by voicemail) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees Mortgagees, Lessors or Lessors tenants (provided that Landlord may only show the Premises to prospective tenants during the last twelve (12) months of the Buildings Term), and their respective agents and representatives or others, and, during the last 12 months of the Term, others and to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions perform Restorative Work to the Premises or the Buildings (A) as Building. At Tenant’s election, a Tenant representative may accompany Landlord may reasonably deem necessary or desirable (except that, as to during such entrance into the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and exterior doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Common Facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairrepair of the Building. Notwithstanding the foregoing, Tenant shall have the right to use any balcony that is accessible only from the Premises and to place thereon tables and chairs subject to the provision of this Section 14.1(c). Before using any such balcony or placing any items of furniture thereon, Tenant shall obtain, at Tenant’s sole expense, any permits or approvals required by any Requirement therefor, and Landlord makes no representation that any such use is permitted under any Requirements. If and to the extent that Tenant uses any such balcony, such balcony shall be considered part of the Premises for purposes of Tenant’s insurance and indemnity obligations under this Lease. In any event, Tenant shall at Tenant’s sole expense, repair any leaks in any roof in the Building caused, directly or indirectly, by Tenant’s use of any such balcony area, together with any damage resulting from any such leak.
Appears in 2 contracts
Samples: Lease Agreement (Pegasystems Inc), Lease Agreement (Pegasystems Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage Subject to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to provisions of this Article; in making such repairsSection, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) times to show the Premises to prospective purchaserspotential buyers, Mortgagees or Lessors of investors, tenants (but with respect to potential tenants, only in the Buildings and their respective agents and representatives or others, and, during the last 12 final twelve (12) months of the Term) or other parties; to inspect and conduct tests in order to monitor Tenant’s compliance with Legal Requirements governing Hazardous Materials; for purposes described in Sections 2.01, to 9.04, 10.03 and/or 10.04(b); or for any other purpose Landlord reasonably deems necessary. No prospective lessees of the Premiseslender, and (iii) to make such repairspurchaser, alterations or additions tenant claiming through Landlord shall be permitted access to the Premises without a representative of Landlord present. Except in the event of an emergency posing an imminent threat of personal injury or damage to the Buildings Premises (Ain which event notice shall be provided as soon as reasonably practicable), Landlord shall give Tenant at least forty-eight (48) as hours’ prior notice (which may be by e-mail to Tenant at xxxxxxxxxxx@xxxxxxxxxx.xxx) of any entry by Landlord into the Premises. Tenant may reasonably deem necessary or desirable (except that, designate by written notice to Landlord certain “secure areas” within the Premises as to the Premiseswhich any entry by Landlord, other than in case of emergency, shall occur only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction a representative of Tenant in whole or in part and without any abatement of Rentits authorized designee present; provided that if Tenant or its authorized designee fails to appear for a scheduled inspection or access by Landlord, Landlord may nevertheless proceed with such scheduled inspection or access so long as Landlord complies with Tenant’s standard protocols for such access of which Tenant has given Landlord written notice at least five (5) Business Days prior to Landlord’s entry. Notwithstanding the preceding provisions of this Section, in case of emergency, Landlord may enter any part of the Premises at any time without prior notice to Tenant provided that Landlord provides Tenant with notice of such entry as soon as reasonably possible thereafter. Landlord shall use reasonable efforts not to remove those materials which are not required to remain in interfere with Tenant’s use and occupancy of the Premises between such work sessionsfor the Permitted Use when exercising Landlord’s rights under this paragraph. Any party who accompanies Landlord agrees to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere comply with any of Tenant’s productions being staged at the Music Hall or reasonable requirements (bbincluding requirements in connection with access, health, safety, and/or security checks) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied in connection with non-emergency access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform to which the same are consistent with the provisions of this Section and have been provided to Landlord in writing prior to any such obligation on an overtime basis until access is restored or such threat is removedentry.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (Vigil Neuroscience, Inc.), Lease Agreement (Vigil Neuroscience, Inc.)
Landlord’s Access. Landlord shall be entitled at all reasonable times and upon at least 48 hours advance notice (abut no notice is required in emergencies) to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage exercise its rights under this section, so as to the Ancillary Space or in good faith reduce as far as possible, interference with Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions enjoyment of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Premises. Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times upon reasonable at least 48 hours advance notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuilding, and, during the last 12 six months of the Term or any renewal thereof, to show them to prospective tenants. During the last six months of the Term, to prospective lessees of Landlord may place customary “For Sale” or “For Lease” signs on the Premises, and (iii) Building or Park as Landlord deems necessary. Landlord will have the right at all times to make such repairsenter the Premises in the event of a bona fide emergency affecting the Premises. Notwithstanding anything to the contrary contained herein, alterations or additions Tenant shall have the right to have representative of Tenant accompany Landlord with respect to any entry to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityprovided for herein, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation the right to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, prevent Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied from gaining access to the Premises or the health and safety of occupants or invitees any secured areas of the Premises are threatened, Landlord shall, to except in the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedevent of a bona fide emergency.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, 's agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicableArticle 15.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees Mortgagees, Lessors or Lessors of the Buildings tenants and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions perform Restorative Work to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityBuilding, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work Restorative Work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided provided, however, that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between all such work sessions. Any party who accompanies Landlord shall be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible and shall be subject to the Premises shall be accompanied by a representative provisions of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedSection 15.4 below.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems; Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (Engage Technologies Inc), Lease (Cmgi Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, times upon reasonable forty-eight (48) hours prior written notice to Tenant (which notice may be oral) except in the case event of emergency, )
(ia) to examine during the Premises, (ii) last year of the Lease Term to show the Premises to prospective purchaserspotential buyers, Mortgagees investors, tenants or Lessors other parties, (b) to do any other act or to inspect and conduct tests in order to monitor Tenant’s compliance with all applicable environmental laws and all laws governing the presence and use of Hazardous Material, or (c) or for any other purpose Landlord deems reasonably necessary. Landlord may make any such entries without the Buildings abatement of Rent, except as otherwise provided in this Lease, and their respective agents and representatives or othersmay take such reasonable steps as required to accomplish the stated purposes; provided, andhowever, during the last 12 months of the Termexcept for emergencies, any such entry shall be performed in an expeditious manner so as not to prospective lessees unreasonably interfere with Tenant’s use of the Premises, and (iii) . Landlord use commercially reasonable efforts to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material schedule entries into the Premises with so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord. Landlord agrees to take no photographs of any active work areas in the Premises without Tenant’s prior consent and agrees that any information obtained by any entry into the Premises by Landlord or its employees, agents or contractors shall be required for the performance of such work without the same constituting kept strictly confidential. Even in an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that emergency situation, Landlord shall use commercially reasonable efforts to remove those materials which are not required minimize any disruption to remain in Tenant’s business operations. Notwithstanding anything to the contrary set forth herein, Tenant may designate certain areas of the Premises between as “Secured Areas” should Tenant require such work sessionsareas for the purpose of securing certain valuable property or confidential information. Any party who accompanies Landlord to In connection with the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyforegoing, Landlord shall not enter such Secured Areas except in the Premises during times that would (aa) interfere event of an emergency or in connection with any alterations to the premises of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees another tenant of the Premises. If by reason of Building subject to Landlord’s failure to perform an obligation which is imposed on compliance with the terms of this Section 5.9. Landlord under this Lease, shall not clean any area designated by Tenant is either denied access to the Premises as a Secured Area and shall only maintain or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, repair such secured areas to the extent practicable(i) such repair or maintenance is required in order to maintain and repair the building structure and/or the building systems; (ii) as required by applicable laws, perform such obligation or (iii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval. Landlord may place customary “For Sale” or “For Lease” signs on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior the Building wallsand/or Project, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairas applicable.
Appears in 2 contracts
Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)
Landlord’s Access. (a) Tenant Landlord shall permit Landlordhave the right to install, Landlordmaintain, use, repair and replace pipes, ducts, wires and conduits leading through the Leased Premises in locations which will not materially interfere with Tenant’s use of such Leased Premises and serving other parts of the Complex. Landlord its agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents employees and/or contractors shall have the right to enter the Leased Premises at all reasonable times, upon reasonable notice (which notice may be oral) except any time in the case of response to an emergency, and at other reasonable times to (ia) to examine or inspect the Leased Premises, or (iib) to show the Premises it to prospective purchaserslenders, Mortgagees purchasers or Lessors of the Buildings and their respective agents and representatives lessees, or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iiic) to make such repairs, alterations replacements, alterations, improvements, reviews, investigations, analysis or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and desirable. Landlord shall be allowed to take all material into the Leased Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord the Rent reserved shall use reasonable efforts to remove those materials which are not required to remain in be abated. During the Premises between such work sessions. Any party who accompanies Landlord six (6) months prior to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees expiration of the Premises. If by reason term of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to Landlord may place upon the Leased Premises the usual notices “For Lease” or “For Sale”. If during the health and safety of occupants or invitees last month of the Premises are threatenedLease Term Tenant shall have removed substantially all of its property, Landlord shallmay immediately enter and alter, renovate, and redecorate the Leased Premises, without elimination or abatement of Rent and without liability to Tenant. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility, or liability for the extent practicablecare, perform such obligation on an overtime basis until access is restored supervision, or such threat is removed.
(c) All parts (except surfaces facing the interior repair of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (Leased Premises other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairas herein provided.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.), Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Landlord's agents shall have the right to enter the Premises Property at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in posting notices of non-responsibility, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors tenants, performing any obligation of the Buildings and their respective agents and representatives or others, and, during the last 12 months Tenant hereunder of the Term, to prospective lessees of the Premiseswhich Tenant is in default, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises Property or to the Buildings (A) building of which it is a part as Landlord may reasonably deem necessary or desirable (except thatdesirable, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityall without being deemed guilty of an eviction of Tenant and without abatement of rent, and Landlord may erect scaffolding and other necessary structures where reasonably required by the character of any work performed, provided that the business of Tenant shall be allowed interfered with as little as reasonably practicable. Tenant hereby waives any claims for damages for any injury to take all material into or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises that may be required for Property, and any other loss occasioned thereby. For each of the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyaforesaid purposes, Landlord shall not enter the Premises during at all times that would (aa) interfere have and retain a key with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees which to unlock all of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Leasedoors in, Tenant is either denied access to upon and about the Premises or the health Property, excluding Tenant's vaults and safety of occupants or invitees of the Premises are threatenedsafes, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesif any, and Landlord shall have the right to use thereof any and access thereto through all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises for Property, and any entry to the purposes Property obtained by Landlord by any of Building operationsaid means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, maintenanceor a detainer of, alteration the Property, or an eviction of Tenant from the Property or any portion thereof. No provision hereof shall be construed as obligating Landlord to perform any repairs, alterations or to take any action not otherwise expressly agreed to be performed or taken by Landlord. Landlord may at any time place on or about the Property any ordinary "For Sale" signs and repairLandlord may at any time during the last 120 days of the term hereof place on or about the Property any ordinary "For Lease" signs, all without rebate of rent or liability to Tenant.
Appears in 2 contracts
Samples: Guaranty of Performance of Commercial Lease Agreement (Level Best Golf Inc /Fl/), Lease Agreement (SFBC International Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon subject to Tenant’s reasonable notice (which notice may be oral) except in the case of emergencyconfidentiality, (i) to examine the Premiseshealth, (ii) safety and security requirements, to show the Premises to potential buyers, lenders, or investors and to conduct such tests and inspections as required in connection therewith by such potential buyers, lenders or investors (and to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, tenants during the last 12 nine (9) months of the Term, Lease Term or earlier if Tenant fails to prospective lessees of the Premises, and (iii) exercise its Option to make such repairs, alterations Extend or additions to vacates the Premises or terminates the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as Lease in accordance with the terms of this Lease); to inspect and conduct tests in order to monitor Tenant’s compliance with the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect terms of this Lease and all Applicable Laws; and to perform following Tenant’s failure any work required of Landlord under this Lease. Tenant shall have the right to perform, or (C) to comply with accompany Landlord at any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided time that Landlord shall use reasonable efforts to remove those materials which are not required to remain is in the Premises between such work sessions. Any party who accompanies Landlord and any entry may be subject to the Premises requirement that all entrants comply with Tenant’s reasonable customary security policies related to such entry, notwithstanding the foregoing, Tenant’s consent to Landlord’s access shall not be accompanied by a representative of Tenant (provided Tenant makes such representative available) but unreasonably withheld, conditioned or delayed. Landlord shall have no obligation to disclose give Tenant notice one (1) business day in advance of such party’s nameentry, home or business affiliation or explain the reason for such party’s visit to the Premises. Except except in the case of an emergency, . Landlord shall not enter may place customary “For Sale” signs on the Premises at any time and “For Lease” signs on the Premises during times that would the last nine (aa9) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees months of the Premises. If by reason of Landlord’s failure Lease Term or earlier if the Tenant fails to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access exercise its Option to Extend or vacates the Premises or terminates the health and safety Lease in accordance with the terms of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedthis Lease Term.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s its agents, utility companies contractors, consultants and other service providers servicing the Buildings to erectemployees, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall will have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except time in the case of an emergency, and otherwise at reasonable times following notice to Tenant (which notice may be given orally) to examine the Premises, perform work in the Premises, inspect any Tenant Alterations and/or any Tenant Improvements, show the Premises, exercise any right or remedy, or for any other purpose. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions and Tenant shall not enter have any right to terminate this Lease or xxxxx rent or assert a claim of partial or constructive eviction because of any such closure. For each of these purposes, Landlord will at all times have and retain any necessary keys. Tenant will not alter any lock or install new or additional locks or bolts on any door in or about the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of without obtaining Landlord’s failure prior written approval and will, in each event, furnish Landlord with a new key. Access by Landlord will not give Tenant the right to perform an obligation which is imposed on Landlord under terminate this Lease, Tenant is either denied access to and will be without abatement of rent or liability on the part of Landlord or any Landlord Related Parties. During any time Landlord enters the Premises for repairs or the health and safety of occupants or invitees of the Premises are threatenedto perform work therein, Landlord shall, and its contractors shall use reasonable efforts to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding minimize interference with Tenant’s business within the Premises, including exterior Building walls, exterior core corridor walls, by using reasonable efforts to schedule such repairs or work shall be performed at times mutually agreed upon by Landlord and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairTenant.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease Agreement (Technest Holdings Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, ----------------- Landlord’s agents, 's agents and public utility companies and other service providers servicing the Buildings Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s 's Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicableArticle 17.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable written notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Building and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building conducted in a manner so as to minimize disruption to Tenant's business (Ai) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)appropriate, (Bii) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (Ciii) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, Premises (including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease (Portal Software Inc), Lease (Portal Software Inc)
Landlord’s Access. (a) Subject to the terms hereof, Tenant shall (i) upon as much advance notice as is practical under the circumstances, and in any event at least twenty-four (24) hours’ prior written notice (except that no notice shall be required in emergency situations), permit Landlord and any holder of a Mortgage (hereinafter defined) (each such holder, a “Mortgagee”), and their agents, representatives, employees and contractors, to have reasonable access to the Premises at all reasonable hours for the purposes of inspection, making repairs, replacements or improvements in or to the Premises or the Building or equipment therein (including, without limitation, sanitary, electrical, heating, air conditioning or other systems), complying with all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions and orders and requirements of all public authorities (collectively, “Legal Requirements”), or exercising any right reserved to Landlord under this Lease requiring such entry (but expressly excluding the right to store within the Premises any materials, tools and equipment); (ii) permit Landlord and its agents and employees, at reasonable times, upon reasonable advance notice, to show the Premises during normal business hours (i.e. Monday — Friday 8 A.M. - 6 P.M., excluding holidays) to any prospective Mortgagee or purchaser of the Building and/or the Property or of the interest of Landlord therein, and, during the last twelve (12) months of the Term, prospective tenants; (iii) upon reasonable prior written notice from Landlord, permit Landlord and its agents, at Landlord’s agentssole cost and expense, utility companies to perform environmental audits, environmental site investigations and other service providers servicing environmental site assessments (“Site Assessments”) in, on, under and at the Buildings to erectPremises and the Land, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. it being understood that Landlord shall promptly repair any damage arising as a result of the Site Assessments, and such Site Assessments may include both above and below the ground testing and such other tests as may be necessary or appropriate to conduct the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairsSite Assessments, Landlord shall use high quality materials hereby agreeing to provide Tenant with a copy of the resulting Site Assessment reports when issued in its final form, and perform such repairs in a first class manner and shall, (iv) to the extent practicable, match that it is necessary to enter the then existing finishes Premises in such portions order to access any area that serves any portion of the Ancillary Space or Tenant’s PropertyBuilding outside the Premises, then Tenant shall, upon as applicablemuch advance notice as is practical under the circumstances, and in any event at least twenty-four (24) hours’ prior written notice (except that no notice shall be required in emergency situations), permit contractors engaged by other occupants of the Building to pass through the Premises in order to access such areas but only if accompanied by a representative of Landlord.
(b) LandlordExcept in emergency situations, anyone who has access to any portion of the Premises pursuant to this Section 2.4 after Tenant has first commenced to use the Premises for the Permitted Uses may, at Tenant’s election, be subject to Tenant’s reasonable security measures and protocols, which may include requiring that any party accessing the Premises under Section 2.4(a)(ii) and (iv) execute a commercially reasonable confidentiality agreement, requiring the wearing of an ID badge, and obligating visitors to comply with reasonable protocols so as protect confidential information contained within the Premises. Except in the event of an emergency threatening personal injury or damage to property or a violation of any Legal Requirement, and except as otherwise approved by Tenant, any Lessor entry in the Premises must be done in the presence of a representative of Tenant so long as Tenant makes such representative available in a reasonable manner. Tenant may prohibit access pursuant to this Section 2.4 to certain areas of the Premises (“Secure Areas”) reasonably identified by Tenant in a prior written notice to Landlord from time to time, which notice shall set forth the reasonable basis on which Tenant has determined that access must be prohibited to such areas in non-emergency situations. In no event shall Landlord be deemed to be in default hereunder, nor shall Landlord have any liability hereunder, to the extent that Landlord is prevented from performing any of its obligations as a result of its inability to access the Secure Areas in non-emergency situations. Notwithstanding the foregoing, in case of emergency, Landlord may enter any part of the Premises (including without limitation the Secure Areas) without prior notice or Mortgagee a Tenant’s representative; provided that Landlord provides Tenant with notice of such entry as soon as reasonably possible thereafter and Landlord takes reasonable precautions to protect the health and safety of its entrants. Nothing in this paragraph will be construed as permitting Tenant to prohibit such access to any portion of the Premises other party designated by than Secure Areas.
(c) Except in the event of an emergency, (i) Landlord shall schedule any of such access under this Section 2.4 with Tenant in advance; and their respective agents shall have (ii) to the extent such access shall, in Tenant’s reasonable judgment, be likely to cause material interference with Tenant’s business operations, Landlord shall, at Tenant’s request, schedule any such entry pursuant to Sections 2.4(a)(i) and (iii) after normal business hours.
(d) Except to the extent arising as a result of the negligence or willful misconduct of the Tenant Parties, Landlord shall, subject to Section 14.5 below, defend, indemnify and hold Tenant harmless from and against any and all Claims (as defined below) resulting from or relating to access to the Premises as provided under this Section 2.4.
(e) Any provision of this Lease that requires or gives Landlord the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord Term shall be allowed to take all material into governed by the Premises that may be required for the performance provisions of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part this Section 2.4 and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedSection 2.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (uniQure B.V.), Lease Agreement (uniQure B.V.)
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuilding, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations or additions any applicable limitations required by Colorado revised statue laws and/or Colorado Department of Revenue’s Marijuana Enforcement Division regulations. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 2 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by 32.1 Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in performing any services required of Landlord, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives Tenants, taking such safety measures, erecting such scaffolding or othersother necessary structures, andmaking such alterations, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations improvements or additions to the Premises or to the Buildings (A) Office Building Project as Landlord may reasonably deem necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect to Tenant's use of the Premises, only as are reasonably necessary), (B) which . Landlord may reasonably elect to perform following Tenant’s failure to perform, at any time place on or (C) to comply with about the Premises or the Building any Requirements which are Landlord’s responsibility, ordinary "For Sale" signs and Landlord may at any time during the last 120 days of the term hereof place on or about the Premises any ordinary "For Lease" signs,
32.2 All activities of Landlord pursuant to this paragraph shall be allowed without abatement of rent, nor shall Landlord have any liability to take all material into the Premises that may be required Tenant for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that same.
32.3 Landlord shall use reasonable efforts have the right to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord retain keys to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation and to disclose such party’s nameunlock all doors in or upon the Premises other than to files, home or business affiliation or explain the reason for such party’s visit to the Premises. Except vaults and safes, and in the case of an emergency, Landlord shall not emergency to enter the Premises during times that would (aa) interfere with by any reasonably appropriate means, and any such entry shall not be deemed a forceable or unlawful entry or detainer of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants an eviction. Tenant waives any charges for damages or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored injuries or such threat is removedinterference with Tenant's property business in connection therewith.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
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Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, 's agents and public utility companies and other service providers servicing the Buildings Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. All work performed under this Section 17.1 shall be performed with reasonable diligence and in a manner so as to minimize disturbance of Tenant's business and otherwise in accordance with Section 7.4 of this Lease. Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s 's Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises it to prospective purchasers, Mortgagees Mortgagees, Lessors or Lessors lessees of the Buildings Building and their respective agents and representatives or to others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building (Ai) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)desirable, (Bii) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (Ciii) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, Premises (including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Martha Stewart Living Omnimedia Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, times (i) to examine the Premises, (ii) to show the Premises to prospective purchaserspotential and actual buyers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or othersinvestors, andlenders, during or, in the last 12 eighteen (18) months of the TermTerm (provided that Tenant has not timely exercised its right to extend the Term pursuant to Section 3.03), prospective tenants; (ii) to inspect and monitor Tenant’s compliance with Legal Requirements governing Hazardous Substances, and to inspect the Premises to determine whether Tenant is in compliance with the terms of this Lease, but any entries pursuant to this clause (ii) shall require at least two (2) business days’ prior notice, shall be during normal business hours (unless otherwise agreed by Tenant) and shall not occur more often than once annually during the term of this Lease except where a notice of default has been provided to Tenant or where such inspections are required by Landlord’s mortgagees or insurers; (iii) for purposes described in Sections 2.01(c), 9.04 and/or 10.04(b), or (iv) for any other purpose Landlord reasonably deems necessary in connection with the exercise of Landlord’s rights and obligations under this Lease. Landlord shall give Tenant reasonable prior notice (which shall be not less than 24 hours and may be via e-mail to xxxxxx_xxxxxxxxxx@xxxx.xxx or an alternative e-mail address provided to Landlord in writing from time to time) of such entry. Landlord shall cooperate with Tenant to schedule any such entry and activity at a time designed to reduce any inconvenience to Tenant. Tenant shall have the right to have a representative of Tenant accompany Landlord during any such entry, but entry shall not be prohibited if Tenant fails to provide an accompanying representative (in the event of which failure, Landlord shall attempt at least one phone call to each Tenant’s Designated Representative (as defined below), if any then exists, to prospective lessees notify Tenant of such failure prior to any entry). However, in case of emergency, Landlord may enter any part of the Premises with such notice as is reasonably practicable or without prior notice if notice is impracticable and without Tenant’s representative, if necessary, and shall, if no notice was provided (Landlord agreeing that it shall endeavor to provide an e-mail notice to the e-mail address provided above), promptly notify Tenant of the nature and extent of such entry. During Landlord’s access of the Premises, and (iii) Landlord shall comply with reasonable security provisions required by Tenant to make such repairs, alterations or additions to preserve the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to confidential nature of information in whatever form maintained within the Premises. For safety, only security, confidentiality or compliance with law purposes, Tenant may designate certain limited areas as are limited access areas to be shown on plans provided by Tenant to Landlord and updated by Tenant as reasonably necessary), (B) necessary in the future to which Landlord may and related parties shall not have access except in an emergency or as otherwise reasonably elect necessary and then only in accordance with a mutually agreed-upon plan to perform following protect Tenant’s failure reasonable concerns regarding safety, security and confidentiality, provided that such limited access areas shall be reasonably identified and necessary to perform, protect the health of persons or (C) to comply with any Requirements which are security of confidential and proprietary information. Landlord and Tenant will develop a protocol limiting and controlling the distribution of Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual keys or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit other access devices to the Premises. Except in the case of “Tenant’s Designated Representative” shall mean (a) a person with an emergency, Landlord shall not enter office at the Premises during times that would (aa) interfere with any identified by Tenant in writing to Landlord from time to time as the primary point of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of contact for Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or and (b) the health and safety on-site supervisor of occupants or invitees of the Premises are threatenedTenant’s private security, if any, that is then on duty. Tenant shall provide Landlord shall, to the extent practicable, perform with a phone number for Tenant’s Designated Representative with any notice designating such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor wallsperson, and doors and entrances any change in the identification of Tenant’s Designated Representative shall take effect five (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent 5) business days following delivery of such notice to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairLandlord.
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Landlord’s Access. (a) Subject to the terms hereof, Tenant shall (i) upon as much advance notice as is practical under the circumstances, and in any event at least twenty-four (24) hours’ prior written notice (except that no notice shall be required in emergency situations), permit Landlord and any holder of a Mortgage (hereinafter defined) (each such holder, a “Mortgagee”), and their agents, representatives, employees and contractors, to have reasonable access to the Premises at all reasonable hours for the purposes of inspection, making repairs, replacements or improvements in or to the Premises or the Building or equipment therein (including, without limitation, sanitary, electrical, heating, air conditioning or other systems), complying with all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions and orders and requirements of all public authorities (collectively, “Legal Requirements”), or exercising any right reserved to Landlord under this Lease requiring such entry (but expressly excluding the right to store within the Premises any materials, tools and equipment); (ii) permit Landlord and its agents and employees, at reasonable times, upon reasonable advance notice, to show the Premises during normal business hours (i.e. Monday — Friday 8 A.M. - 6 P.M., excluding holidays) to any prospective Mortgagee or purchaser of the Building and/or the Property or of the interest of Landlord therein, and, during the last twelve (12) months of the Term, prospective tenants; (iii) upon reasonable prior written notice from Landlord, permit Landlord and its agents, at Landlord’s agentssole cost and expense, utility companies to perform environmental audits, environmental site investigations and other service providers servicing environmental site assessments (“Site Assessments”) in, on, under and at the Buildings to erectPremises and the Land, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. it being understood that Landlord shall promptly repair any damage arising as a result of the Site Assessments, and such Site Assessments may include both above and below the ground testing and such other tests as may be necessary or appropriate to conduct the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairsSite Assessments, Landlord shall use high quality materials hereby agreeing to provide Tenant with a copy of the resulting Site Assessment reports when issued in its final form, and perform such repairs in a first class manner and shall, (iv) to the extent practicable, match that it is necessary to enter the then existing finishes Premises in such portions order to access any area that serves any portion of the Ancillary Space or Tenant’s PropertyBuilding outside the Premises, then Tenant shall, upon as applicablemuch advance notice as is practical under the circumstances, and in any event at least twenty-four (24) hours’ prior written notice (except that no notice shall be required in emergency situations), permit contractors engaged by other occupants of the Building to pass through the Premises in order to access such areas but only if accompanied by a representative of Landlord.
(b) Except in emergency situations, anyone who has access to any portion of the Premises pursuant to this Section 2.4 after Tenant has first commenced to use the Premises for the Permitted Uses may, at Tenant’s election, be subject to Tenant’s reasonable security measures and protocols, which may include requiring that any party accessing the Premises under Section 2.4(a)(ii) and (iv) execute a commercially reasonable confidentiality agreement, requiring the wearing of an ID badge, and obligating visitors to comply with reasonable protocols so as protect confidential information contained within the Premises and comply with Tenant’s reasonable health and safety procedures. No measures undertaken by Tenant with respect to Landlord’s right to enter the Premises to maintain compliance of Tenant’s activities within the Premises with applicable Laws, and advisory guidance governing Tenant’s research, development, or manufacturing process at the Premises, shall be deemed unreasonable. Except in the event of an emergency threatening personal injury or damage to property or a violation of any Legal Requirement, and except as otherwise approved by Tenant, any Lessor entry in the Premises must be done in the presence of a representative of Tenant so long as Tenant makes such representative available in a reasonable manner. Tenant may prohibit access pursuant to this Section 2.4 to (i) Tenant’s GMP manufacturing facility and (ii) certain areas of the Premises (collectively, “Secure Areas”) reasonably identified by Tenant in a prior written notice to Landlord from time to time, which notice shall set forth the reasonable basis on which Tenant has determined that access must be prohibited to such areas in non-emergency situations. In no event shall Landlord be deemed to be in default hereunder, nor shall Landlord have any liability hereunder, to the extent that Landlord is prevented from performing any of its obligations as a result of its inability to access the Secure Areas in non-emergency situations. Notwithstanding the foregoing, in case of emergency, Landlord may enter any part of the Premises (including without limitation the Secure Areas) without prior notice or Mortgagee a Tenant’s representative; provided that Landlord provides Tenant with notice of such entry as soon as reasonably possible thereafter and Landlord takes reasonable precautions to protect the health and safety of its entrants. Nothing in this paragraph will be construed as permitting Tenant to prohibit such access to any portion of the Premises other party designated by than Secure Areas. Upon Xxxxxx’s request, Landlord shall require any Landlord or property manager personnel needing access to the Premises to undergo training in Tenant’s health and their respective agents safety protocols.
(c) Except in the event of an emergency, (i) Landlord shall have schedule any of such access under this Section 2.4 with Tenant in advance; and (ii) to the extent such access shall, in Tenant’s reasonable judgment, be likely to cause material interference with Tenant’s business operations, Landlord shall, at Tenant’s request, schedule any such entry pursuant to Sections 2.4(a)(i) and (iii) after normal business hours.
(d) Except to the extent arising as a result of the negligence or willful misconduct of the Tenant Parties, Landlord shall, subject to Section 14.5 below, defend, indemnify and hold Tenant harmless from and against any and all Claims (as defined below) resulting from or relating to access to the Premises as provided under this Section 2.4.
(e) Any provision of this Lease that requires or gives Landlord the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord Term shall be allowed to take all material into governed by the Premises that may be required for the performance provisions of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part this Section 2.4 and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedSection 2.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
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Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s Landlord and its respective agents, utility companies employees and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents representatives shall have the right to enter and/or pass through the Premises at all reasonable times, any time or times during normal business hours and upon reasonable prior notice to, and in the company of a representative of, the Tenant (which notice may be oral) except in the case event of emergency, ): (ia) to examine and inspect the Premises, (ii) Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Premises or providers of capital to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, Landlord; and (iiib) to make such repairs, alterations alterations, additions and improvements in or additions to the Premises or the Buildings (A) its facilities and equipment as Landlord may reasonably deem necessary or desirable (except that, as is required to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and make. Landlord shall be allowed to take all material materials into and upon the Premises that may be required for the performance of such work without the same constituting an actual in connection with any required repair, alterations, additions or constructive eviction of Tenant in whole or in part and improvements, without any abatement reduction or modification of Rent; provided Tenant’s covenants and obligations hereunder. Provided, however, that in all cases of entry permitted hereunder, Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere avoid interference with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlordbusiness operations and Tenant’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health occupancy and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part use of the Premises, and in the case of any such entry, shall take such steps as Tenant shall reasonably request to protect Tenant’s trade secrets and confidential information, including, in the case of any entry under subpart (a) of the preceding sentence, requiring the signing of reasonable confidentiality agreements from such prospective lenders, purchasers or mortgagees. Additionally, Landlord shall have the following rights exercisable, without notice to Tenant, and without being deemed an eviction or disturbance of Tenant’s use thereof and access thereto through or possession of the Premises or giving rise to any claim for set-off or abatement of Rent, at any time after Tenant vacates or abandons the Premises for more than sixty (60) consecutive days with no intention of reoccupying the purposes Premises: (i) to have pass keys, access cards, or both, to the Premises; and (ii) to decorate, remodel, repair, alter, demolish or otherwise prepare the Premises for reoccupancy. During the period of Building operationninety (90) days prior to the Expiration Date (or at any time, maintenanceif Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), alteration Landlord and repairits agents may, upon reasonable prior notice to, and in the company of a representative of, the Tenant, exhibit the Premises to prospective Tenants during normal business hours and erect a “For Lease” sign thereon.
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Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations or additions any applicable limitations required by Colorado revised statue laws and/or Colorado Department of Revenue’s Marijuana Enforcement Division regulations. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies 25.8.1 Lessor and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Lessor's agents shall have the right to enter the Premises at all reasonable times, upon reasonable times and on notice (which notice may be oral) except in the case event of an emergency), (i) to examine for the Premisespurposes of inspecting the same, (ii) to show showing the Premises same to prospective purchasers, Mortgagees lenders or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the PremisesLessees, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises or to the Buildings (A) building of which they are a part as Landlord Lessor may reasonably deem necessary or desirable desirable. In exercising its right of entry, Lessor shall use reasonable care to not interfere with the business operation of Lessee within the Demised Premises. Lessor may, during the last year of the Term, place on or about the Premises any ordinary "For Sale" signs, and Lessor may, at any time during the last year of the Term hereof, place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability of Lessee.
25.8.2 Lessee shall permit Lessor or its agent to enter the Demised Premises on not less than twenty-four (24) hours prior notice, (except thatin the event of an emergency), as and during reasonable hours for the purpose of inspection, or of making repairs that Lessee may neglect or refuse to make in accordance with the agreements, terms, covenants and conditions hereof, and also for the purpose of showing the Demised Premises to persons wishing to purchase the same or to make a mortgage loan on the same, and, at any time within one (1) year prior to the expiration of the Term, to persons wishing to rent the same.
25.8.3 If during an emergency Lessee is not present to open or permit entry into the Premises, only as are reasonably necessary)Lessor or Lessor's agents may enter the same whenever such entry may be necessary or permissible, (B) which Landlord with a master key or forcibly, provided reasonable care is exercised to safeguard Lessee's property. Such entry shall not render Lessor or its agents liable therefor, nor in any event shall the obligations of Lessee under this Lease be excused. If during the last month of the Lease term the Lessee shall have removed all or substantially all of the Lessee's property from the Premises, the Lessor may reasonably elect to perform following Tenant’s failure to performimmediately enter, alter, renovate, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into redecorate the Leased Premises that may be required for the performance of such work without the same constituting an actual limitation or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord rent or incurring liability to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes Lessee for any compensation and such representative available) but Landlord acts shall have no obligation to disclose such party’s name, home affect on this Lease or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedLessee's obligations hereunder.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
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Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Landlord's agents shall have the right to enter the Premises Property at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in posting notices of non-responsibility, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders or Lessors tenants, performing any obligation of the Buildings and their respective agents and representatives or others, and, during the last 12 months Tenant hereunder of the Term, to prospective lessees of the Premiseswhich Tenant is in default, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises Property or to the Buildings (A) building of which it is a part as Landlord may reasonably deem necessary or desirable (except thatdesirable, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityall without being deemed guilty of an eviction of Tenant and without abatement of rent, and Landlord may erect scaffolding and other necessary structures where reasonably required by the character of any work performed, provided that the business of Tenant shall be allowed interfered with as little as reasonably practicable. Tenant hereby waives any claims for damages for any injury to take all material into the Premises that may be required for the performance or interference with Tenant's business, any loss of such work without the same constituting an actual occupancy or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees quiet enjoyment of the PremisesProperty, and any other loss occasioned thereby. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees For each of the Premises are threatenedaforesaid purposes, Landlord shall, at all times, have and retain a key with which to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior unlock all of the Premises) of all wallsdoors in, windows upon and doors bounding about the PremisesProperty, including exterior Building wallsexcluding Tenant's vaults and safes, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesif any, and Landlord shall have the right to use thereof any and access thereto through all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises for Property, and any entry to the purposes Property obtained by Landlord by any of Building operationsaid means shall not, maintenanceunder any circumstances, alteration be construed or deemed to be a forceable or unlawful entry into, or a detainer of the property, or an eviction of Tenant from the Property or any portion thereof. No provision hereof shall be construed as obligating Landlord to perform any repairs, alterations or to take any action not otherwise expressly agreed to be performed or taken by Landlord. Landlord may, at any time, place on or about the Property any ordinary "For Sale" signs, and repairLandlord may, at any time during the last one hundred twenty (120) days of the term hereof, place on or about the Property any ordinary "For Lease" signs, all without rebate of rent or liability to Tenant.
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Landlord’s Access. Landlord may enter the Premises at any time to: (a) inspect the same; (b) exhibit the same to prospective purchasers, mortgagees or tenants; (c) determine whether Tenant shall permit Landlord, Landlord’s agents, utility companies and other is complying with all its obligations hereunder; (d) supply any service providers servicing to be provided by Landlord to Tenant hereunder; (e) post notice of nonresponsibility; (f) post "To Lease" signs of reasonable size upon the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through Premises during the Ancillary Space, provided such use does not cause the usable area last ninety (90) days of the Ancillary Space Term hereof; and (g) make repairs required of Landlord under the terms hereof or repairs to any adjoining space or utility services, or make alterations or additions to any other portion of the Project; provided, however, that all such work shall be reduced beyond a de minimis amountdone as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant hereby waives any claim for damage for any injury or inconvenience to or interference with Tenant's business, or any loss of occupancy or quiet enjoyment of the Premises in connection with Landlord's entry into the Premises pursuant to this Article XIX. Landlord shall promptly repair any damage at all times have and retain a key with which to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions unlock all of the Ancillary Space or doors in, on and about the Premises (excluding Tenant’s Property's vaults, as applicable.
(bsafes and similar areas designated in writing by Tenant in advance) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at use any and all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) means which Landlord may reasonably elect deem proper to perform following Tenant’s failure open doors in an emergency in order to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit obtain entry to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access Any entry to the Premises obtained by Landlord by any of such means, or the health and safety of occupants otherwise, shall not under any circumstances be construed or invitees deemed to be a force or unlawful entry into or a detainer of the Premises are threatenedor an eviction, Landlord shallactual or constructive, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding Tenant from the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairor any portion thereof.
Appears in 1 contract
Landlord’s Access. (a) Subject to the provisions of Section 17.1(b), Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis an immaterial amount. Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s Property caused by any work performed pursuant to this Article; Article and Section 7.4. Any pipes, ducts, or conduits installed in making such repairsor through the Premises pursuant to this Section 17.1 shall either be concealed behind, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the beneath or within then existing finishes partitioning, columns, ceilings or floors located in such portions the Premises, or completely furred at points immediately adjacent to existing partitioning columns or ceilings located in the Premises. In no event shall Landlord reduce the height of the Ancillary Space or Tenant’s Property, as applicableceilings in the Premises other than to a de minimis extent.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Building and their respective agents and representatives or others, and, and during the last 12 24 months of the Term, Term to prospective lessees of premises in the Premises, Building and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building (A) as Landlord may reasonably deem necessary or desirable (except thatappropriate, as including the right to modify or change the Premises, only as are reasonably necessary)façade of and the windows in the Building and to install solar film on the windows, (B) which Landlord may reasonably elect to perform following Tenant’s failure to performperform (for 30 days after the giving of notice in the case of repairs of a non-emergency nature), or (C) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; , except as expressly provided that in Section 11.9. In entering the Premises pursuant to this Section 17.1, Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative minimize interference with Tenant’s use and occupancy of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged such entry. Tenant shall have the right to have a representative accompany any party entering the Premises pursuant to this Section 17.1, provided such representative is made available at the Music Hall or (bb) threaten the health or safety time of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedentry.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces (“Terraces”) and roofs adjacent to the PremisesPremises (subject to the terms of Article 43), (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications communication closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and (subject to the terms of Article 43) Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
(d) If Tenant requests that Landlord landscape any Terrace, Landlord shall determine whether to do so in Landlord’s sole discretion. If Landlord determines to do so, Landlord shall submit to Tenant drawings related thereto (including any alterations or additions to the Building required thereby) for its approval. If Tenant approves of such drawings, Landlord shall proceed to do all the work shown on such drawings (including such alterations and additions) (the “Terrace Work”). Tenant shall reimburse Landlord, within 15 days after demand therefor, for the cost of preparing such drawings, performing the Terrace Work (plus an administrative charge equal to 10% of such cost), and the cost to Landlord of maintaining the Terrace Work during the Term. Nothing contained herein shall be deemed to vest in Tenant any easement, license or privilege with respect to any use of the Terraces or grant Tenant any right to use or go upon the Terraces. Tenant shall reimburse Landlord for any damage caused to the Terraces or other parts of the Building as a result of the Terrace Work and the maintenance thereof other than damage arising from the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease Agreement (Greenhill & Co Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have reserves the right at all reasonable times and upon reasonable notice to Tenant (i.e., notice of not less than two (2) business days) to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, Property to (i) to examine the Premises, inspect it; (ii) to show the Premises Property to prospective purchasers, Mortgagees mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, tenants (but only during the last 12 months year of the Lease Term, to in case of prospective lessees of the Premisestenants, and only if Landlord will have a residual leasehold interest under the Master Lease at such time), or to the ground or underlying lessors; (iii) post notices of non-responsibility if required by statute to make be so posted to be effective; (iv) alter, improve or repair the Property as permitted or required under the terms of this Lease; or (v) place "For Lease" signs on the Property (but only during the last year of the Lease Term and only if Landlord will have a residual leasehold interest under the Master Lease at such repairs, alterations time). Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Any entry into the Property in the manner described above shall not be deemed to be a forcible or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to performunlawful entry into, or (C) to comply with any Requirements which are Landlord’s responsibilitya detainer of, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting Property, or an actual or constructive eviction of Tenant in whole or in part and without from any abatement portion of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between Property. In case of any such work sessions. Any party who accompanies Landlord to entry into the Premises Property, Landlord's representatives shall be accompanied by a representative of Tenant. Landlord acknowledges that the right of Landlord or any representative of Landlord to enter or have access to Tenant's control room shall be conditioned upon and subject to Tenant's then security requirements and procedures, and shall in any event be with the accompaniment of one or more representatives of Tenant. Tenant (provided Tenant makes represents and warrants that Tenant's present control room security requirements 7155 Lindell Road Xxx Vegas, Nevada Nevada Power Company and procedures impose conditions and restrictions but do not prohibit such representative available) but access by Landlord shall have no obligation to disclose or its representatives. Landlord acknowledges the possibility that such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except requirements and procedures may in the case of an emergencyfuture prohibit such access, but Tenant agrees that any such future prohibition will not unfairly discriminate nor be applied in such a manner so as to unfairly discriminate against Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedits representatives.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents its representatives shall have the right without charge to it and without reduction in Base Rent or Additional Rent, at reasonable times with at least 48 hours prior written notice (except in an emergency) and in such manner as shall not unreasonably interfere with Tenant’s business, to enter the Premises at all for any reasonable timespurpose (including, upon reasonable notice (which notice may be oral) except in the case of emergencywithout limitation, (i) to examine the Premises, (ii) to show showing the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings purchasers and their respective agents and representatives or others, lenders and, during the last 12 months of the Lease Term, tenants) and to prospective lessees make entry for the purpose of the Premises, investigating repair or maintenance problems and (iii) to make such repairsrepairs as Landlord deems advisable, alterations and to maintain, use, repair or additions replace pipes, ducts, wires, meters and any other Landlord’s fixtures serving or to serve the Premises or other parts of the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to performProject, or (C) to comply with maintain or repair any Requirements which are Landlord’s responsibilityportion of the Project, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant and, in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, whether resulting from circumstances in the Premises or elsewhere on the Project, Landlord shall not or its representatives may enter the Premises during times that would (aaforcibly, if necessary) interfere at any time to take such measures as may be needed to cope with any of Tenant’s productions being staged at such emergency. Such access shall include, but not be limited to, the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure right to perform an obligation which is imposed on Landlord under this Leaseopen floors, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor wallsceilings, and doors and entrances building systems for the foregoing purposes, provided that any work that is reasonably likely to cause disruption or inconvenience to Tenant shall be scheduled in advance with Tenant (other than doors in the event of an emergency). All work performed by Landlord in the Premises that may cause disruption or inconvenience to Tenant, including by generation of excessive noise, shall be performed after regular business hours or on weekends except in the event of an emergency or as otherwise permitted by Tenant. Landlord’s entry into the Premises shall be subject to Tenant’s reasonable security requirements, including requiring the use of identification badges, accompaniment by a Tenant representative, and entrances solely connecting areas within identification verification. Landlord may not store any materials in the Premises), all balconies, terraces and roofs adjacent to the Premises, (Premises other than all space within in areas designated by Tenant for short term periods. During the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part last 12 months of the PremisesLease Term, and at any other time during the Lease Term that an Event of Default exists, Landlord shall have the use thereof right to place signs at and access thereto through about the Premises (including but not limited to on the exterior of and outside the Building) advertising the Premises as being available for the purposes of Building operation, maintenance, alteration and repairlease.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; Article 14. Any pipes, ducts, or conduits installed in making such repairsor through the Premises pursuant to this Section 14.1 shall either be concealed behind, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the beneath or within then existing finishes partitioning, columns, ceilings or floors located in such portions of the Ancillary Space Premises, or Tenant’s Property, as applicablecompletely furred at points immediately adjacent to existing partitioning columns or ceilings located in the Premises.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees Mortgagees, Lessors or Lessors of the Buildings tenants and their respective agents and representatives or others, and, during the last 12 months of the Term, others and to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions perform Restorative Work to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedBuilding.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
(d) In entering the Premises pursuant to this Section 14.1, Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during any such entry.
Appears in 1 contract
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, subject to any applicable limitations required by Michigan revised statute laws, the The Michigan Department of Licensing and (iii) Regulatory Affairs and/or MRA regulations. Although Landlord shall not have the right to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Millennium Investment & Acquisition Co Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord and Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises Property at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in posting notices of non-responsibility, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders or Lessors tenants, performing any obligation of the Buildings and their respective agents and representatives or others, and, during the last 12 months Tenant hereunder of the Term, to prospective lessees of the Premiseswhich Tenant is in default, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises Property or to the Buildings (A) building of which it is a part as Landlord may reasonably deem necessary or desirable (except thatdesirable, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityall without being deemed guilty of an eviction of Tenant and without abatement of rent, and Landlord may erect scaffolding and other necessary structures where reasonably required by the character of any work performed, provided that the business of Tenant shall be allowed interfered with as little as reasonably practicable. Tenant hereby waives any claims for damages for any injury to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere interference with any of Tenant’s productions being staged at the Music Hall business, any loss of occupancy or (bb) threaten the health or safety of occupants or invitees quiet enjoyment of the PremisesProperty, and any other loss occasioned thereby. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees For each of the Premises are threatenedaforesaid purposes, Landlord shall, at all times, have and retain a key with which to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior unlock all of the Premises) of all wallsdoors in, windows upon and doors bounding about the PremisesProperty, including exterior Building wallsexcluding Tenant’s vaults and safes, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesif any, and Landlord shall have the right to use thereof any and access thereto through all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises for Property, and any entry to the purposes Property obtained by Landlord by any of Building operationsaid means shall not, maintenanceunder any circumstances, alteration be construed or deemed to be a forceable or unlawful entry into, or a detainer of, the property, or an eviction of Tenant from the Property or any portion thereof. No provision hereof shall be construed as obligating Landlord to perform any repairs, alterations or to take any action not otherwise expressly agreed to be performed or taken by Landlord. Landlord may, at any time, place on or about the Property any ordinary “For Sale” signs, and repairLandlord may, at any time during the last one hundred twenty (120) days of the term hereof, place on or about the Property any ordinary “For Lease” signs, all without rebate of rent or liability to Tenant.
Appears in 1 contract
Samples: Commercial Lease (Drugmax Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord and Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in posting notices of non-responsibility, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors tenants, performing any obligation of the Buildings and their respective agents and representatives or others, and, during the last 12 months Tenant hereunder of the Term, to prospective lessees of the Premiseswhich Tenant is in default, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises or to the Buildings (A) building of which it is a part as Landlord may reasonably deem necessary or desirable (except thatdesirable, all without being deemed guilty of an eviction of Tenant and without abatement of rent, and Landlord may erect scaffolding and other necessary structures where reasonably required by the character of any work performed, provided that the business of Tenant shall be interfered with as little as reasonably practicable. Tenant hereby waives any claims for damages for any injury to or interference with. Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with and any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into other loss occasioned thereby. For each of the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyaforesaid purposes, Landlord shall not enter the Premises during at all times that would (aa) interfere have and retain a key with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees which to unlock all of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Leasedoors in, Tenant is either denied access to the Premises or the health upon and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding about the Premises, including exterior Building wallsexcluding Tenant’s vaults and safes, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesif any, and Landlord shall have the right to use thereof any and access thereto through all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premise, and any entry to the Premises for obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the purposes Premises, or an eviction of Building operationTenant from the Premises or any portion thereof. No provision hereof shall be construed as obligating Landlord to perform any repairs, maintenancealterations or to take any action not otherwise expressly agreed to be performed or taken by Landlord. Landlord may at any time place on or about the Premises any ordinary “For Sale” signs and Landlord may at any time during the last one hundred twenty (120) days of the Term hereof place on or about the Premises any ordinary “For Lease” signs, alteration and repairall without rebate of rent or liability to Tenant.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord and Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises Property at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in posting notices of non-responsibility, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors tenants, performing any obligation of the Buildings and their respective agents and representatives or others, and, during the last 12 months Tenant hereunder of the Term, to prospective lessees of the Premiseswhich Tenant is in default, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises Property or to the Buildings (A) building of which it is a part as Landlord may reasonably deem necessary or desirable (except thatdesirable, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityall without being deemed guilty of an eviction of Tenant and without abatement of rent, and Landlord may erect scaffolding and other necessary structures where reasonably required by the character of any work performed, provided that the business of Tenant shall be allowed interfered with as little as reasonably practicable. Tenant hereby waives any claims for damages for any injury to take all material into or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises that may be required for Property, and any other loss occasioned thereby. For each of the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyaforesaid purposes, Landlord shall not enter at all times have and retain a key with which to unlock all of the Premises during times that would (aa) interfere with any of doors in, upon and about the Property, excluding Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Leasevaults and safes, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesif any, and Landlord shall have the right to use thereof any and access thereto through all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises for Property, and any entry to the purposes Property obtained by Landlord by any of Building operationsaid means shall not under any circumstances be construed or deemed to be a forceable or unlawful entry into, maintenanceor a detainer of, alteration the Property, or an eviction of Tenant from the Property or any portion thereof. No provision hereof shall be construed as obligating Landlord to perform any repairs, alterations or to take any action not otherwise expressly agreed to be performed or taken by Landlord. Landlord may at any time place on or about the Property any ordinary “For Sale” signs and repairLandlord may at any time during the last one hundred twenty (120) days of the term hereof place on or about the Property any ordinary “For Lease” signs, all without rebate of rent or liability to Tenant.
Appears in 1 contract
Samples: Commercial Lease (Drugmax Inc)
Landlord’s Access. Landlord, its agents, employees, and contractors ----------------- may enter the Demised Premises at any time in response to an emergency, and otherwise only with Tenant's consent and only during reasonable business hours and only upon no less than 24 hours advance notice (so that Tenant, if Tenant so desires, may provide an employee, agent or representative of Tenant to accompany Landlord during such entry), in order to (a) Tenant shall permit Landlordinspect the Demised Premises to confirm Tenant's compliance with its obligations under this Lease, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have exhibit the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Demised Premises to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives or otherstenants (but with respect to prospective tenants, and, only during the last 12 final twelve (12) months of the Termterm of this Lease or at any time after an Event of Default), (c) post notices of nonresponsibility or similar notices, or (d) make repairs which this Lease requires Landlord to prospective lessees make; however, all work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. So long as Landlord exercises such right of entry so as to cause as little interference to Tenant as reasonably possible, Tenant waives any claim on account of any injury or inconvenience to Tenant's business, interference with Tenant's business, loss of occupancy or quiet enjoyment of the Demised Premises, or any other loss occasioned by the entry (except to the extent of Landlord's negligence or willful misconduct, or that of its employees, agents, contractors and licensees). Landlord will at all times have a key with which to unlock all of the doors in the Demised Premises (excluding Tenant's vaults, safes, and similar areas designated in writing by Tenant in advance). Landlord will have the right to use any means Landlord may deem reasonably necessary to open doors in and to the Demised Premises in an emergency in order to enter the Demised Premises. Notwithstanding anything to the contrary herein, Tenant may, by prior written notice to Landlord, designate portions of the Demised Premises as "secure" areas which shall not be accessible to Landlord without Tenant's consent except in case of emergency and except to the extent Landlord is required to have access thereto by applicable fire code or other applicable law. Tenant shall also have the right to install and operate, at Tenant's expense, a separate security system for the Demised Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into restrict access in any reasonable manner to the Demised Premises that may be required for and the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rentparking area; provided that Tenant shall provide Landlord shall use reasonable efforts with an access card, key, combination, code or other information or object necessary to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies permit Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied gain access to the Demised Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, pursuant to the extent practicable, perform this Paragraph 22 using such obligation on an overtime basis until access is restored or such threat is removedsecurity system.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s Landlord and its agents, utility companies contractors and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right representatives to enter the Premises at all reasonable times, upon reasonable prior notice (except in an Emergency Situation in which event no notice shall be required if not reasonably possible under the circumstances), which notice may be oral, for the purpose of(a) except in the case of emergency, (i) to examine inspecting the Premises, (iib) to show showing the Premises to prospective purchasersrepresentatives of legislative or regulatory bodies, Mortgagees (c) inspecting, repairing, replacing, altering, adding to and maintaining the Steam Line, (d) performing Landlord’s Work in accordance with the schedule to be agreed upon pursuant to the Work Agreement, or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii( e) to make such repairs, alterations or additions making any necessary repairs to the Premises or the Buildings (A) as Landlord and performing any work therein that may reasonably deem be necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following by reason of Tenant’s failure to performmake any such repairs or perform any such work; provided that, except in an Emergency Situation (or other situation that Landlord reasonably determines requires action before the expiration of thirty (C30) days after notice), Landlord shall have given Tenant a notice specifying such repairs or work and Tenant shall have failed to comply make such repairs or to do such work within thirty (30) days after the giving of such notice. In connection with any Requirements which are Landlord’s responsibilitysuch entry (except in the event of an Emergency Situation), and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall (i) use reasonable efforts to remove those materials which are minimize the interference with or disruption to Tenant’s or any Space Tenant’s business or operations on the Premises; and (ii) not required exercise its rights of entry with unreasonable frequency. In any case where Landlord exercises its right to remain in enter upon the Premises between such work sessions. Any party who accompanies Landlord pursuant to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatenedSection 2.5, Landlord shall, to the extent reasonably practicable, allow Tenant or its designee to accompany Landlord on the Premises while Landlord is present thereon. Except as provided in the Work Agreement, Section 7.1, Section 12.2 and Article 31, nothing in this Section or this Lease shall imply any duty upon the part of Landlord to do any work and performance thereof by Landlord shall not constitute a waiver of Tenant’s default in failing to perform the same. Landlord, during the progress of any such obligation on an overtime basis until access is restored work, may keep and store at the Premises all necessary materials, tools, supplies and equipment. Landlord shall not be liable for inconvenience, annoyance, disturbance, loss of business or such threat is removed.
other damage of Tenant or any Space Tenant or other party claiming by, through or under Tenant, by reason of exercising its rights pursuant to clauses (cc ), (d) All parts (except surfaces facing the interior and ( e) of the Premises) first sentence of all wallsthis Section and the obligations of Tenant under this Lease shall not be affected thereby, windows and doors bounding but nothing hereinbefore set forth shall be construed to relieve Landlord from liability for its wrongful acts or negligence or the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part wrongful acts or negligence of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairits agents or employees.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, times (i) to examine the Premises, (ii) to show the Premises to prospective purchaserspotential and actual buyers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or othersinvestors, andlenders, during or, in the last 12 eighteen (18) months of the TermTerm (provided that Tenant has not timely exercised its right to extend the Term pursuant to Section 3.03), prospective tenants; (ii) to inspect and monitor Tenant’s compliance with Legal Requirements governing Hazardous Substances, and to inspect the Premises to determine whether Tenant is in compliance with the terms of this Lease, but any entries pursuant to this clause (ii) shall require at least two (2) business days’ prior notice, shall be during normal business hours (unless otherwise agreed by Tenant) and shall not occur more often than once annually during the term of this Lease except where a notice of default has been provided to Tenant or where such inspections are required by Landlord’s mortgagees or insurers; (iii) for purposes described in Sections 2.01(c), 9.04 and/or 10.04(b), or (iv) for any other purpose Landlord reasonably deems necessary in connection with the exercise of Landlord’s rights and obligations under this Lease. Landlord shall give Tenant reasonable prior notice (which shall be not less than 24 hours and may be via e-mail to xxxxxx_xxxxxxxxxx@xxxx.xxx or an alternative e-mail address provided to Landlord in writing from time to time) of such entry. Landlord shall cooperate with Tenant to schedule any such entry and activity at a time designed to reduce any inconvenience to Tenant. Tenant shall have the right to have a representative of Tenant accompany Landlord during any such entry, but entry shall not be prohibited if Tenant fails to provide an accompanying representative (in the event of which failure, Landlord shall attempt at least one phone call to each Tenant’s Designated Representative (as defined below), if any then exists, to prospective lessees notify Tenant of such failure prior to any entry). However, in case of emergency, Landlord may enter any part of the Premises with such notice as is reasonably practicable or without prior notice if notice is impracticable and without Tenant’s representative, if necessary, and shall, if no notice was provided (Landlord agreeing that it shall endeavor to provide an e-mail notice to the e-mail address provided above), promptly notify Tenant of the nature and extent of such entry. During Landlord’s access of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to shall comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed reasonable security provisions required by Tenant to take all material into preserve the Premises that may be required for the performance confidential nature of such work without the same constituting an actual or constructive eviction of Tenant information in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to whatever form maintained within the Premises. Except For safety, security, confidentiality or compliance with law purposes, Tenant may designate certain limited areas as limited access areas to be shown on plans provided by Tenant to Landlord and updated by Tenant as reasonably necessary in the case of an emergency, future to which Landlord and related parties shall not enter the Premises during times that would (aa) interfere have access except in an emergency or as otherwise reasonably necessary and then only in accordance with any of a mutually agreed-upon plan to protect Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Leasereasonable concerns regarding safety, Tenant is either denied security and confidentiality, provided that such limited access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.be reasonably
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes pipes, and conduits in and through the Ancillary SpacePremises, provided (i) such ducts, pipes and conduits shall be installed above the dropped ceilings, below the floors, and/or in the walls of the Premises, and (ii) such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicableArticle 14.
(b) Landlord, Landlord’s Agent, any Lessor or Mortgagee Mortgagee, Landlord’s partners and investors, and/or any other party designated by Landlord and prospective partner, investor, or Mortgagee, together with their respective agents and representatives, shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Mortgagees, and/or Lessors, and their respective agents and representatives or others, andand to perform Restorative Work to the Premises or the Building, and during the last 12 eighteen (18) months of preceding the TermExpiration Date, to prospective lessees tenants and their respective agents and representatives. In connection with any such access to the Premises, Landlord will (i) except for routine access such as access for performing recurring obligations such as providing cleaning services, or repair or maintenance services, and except in the case of emergency, provide reasonable (not less than twenty-four (24) hours’) advance notice of such entry into the Premises, and (iiiii) exercise commercially reasonable efforts to make such repairs, alterations or additions minimize disruption to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, usual and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction customary business operations of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyIn addition, Landlord shall not enter the Premises during times that would (aa) interfere with respect to any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises Lab Areas, (a) a representative or agent of Tenant shall accompany all such people entering the health Lab Areas (and safety of occupants Tenant shall make a representative or invitees of agent available on reasonable prior notice), and (b) prior to such entry into the Premises are threatenedLab Areas, Landlord shallon request, to the extent practicable, perform each such obligation on an overtime basis until access is restored or such threat is removedperson shall enter into a reasonable customary confidentiality agreement provided by Tenant.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and exterior doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Common Facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairrepair of the Building.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by 32.1 Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable times, upon reasonable prior notice (which notice may be oral) except in the case of emergency, (i) to examine for the Premisespurpose of inspecting the same, (ii) to show performing any services required of Landlord, showing the Premises same to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives lessees, taking such measures, erecting such scaffolding or othersother necessary structures, andmaking such alterations, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations improvements or additions to the Premises or to the Buildings (A) Office Building Project as Landlord may reasonably deem necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as to long as there is no material adverse effect on Tenant's use of the Premises. Landlord may at any time place on or about the Premises, only as are reasonably necessary), (B) which the Building or the Office Building Project "For Sale" signs and Landlord may reasonably elect at any time during the last 120 days of the term place on or about the Premises "For Lease" signs.
32.2 Subject to perform following Tenant’s failure paragraph 11.5, all activities of Landlord pursuant to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, paragraph 32 shall be without abatement of Rent and Landlord shall be allowed not have any liability to take all material into the Premises that may be required Tenant for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rentsame; provided that Landlord has used reasonable care.
32.3 Landlord shall use reasonable efforts have the right to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord retain keys to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation and to disclose such party’s nameunlock all doors in or upon the Premises other than files, home or business affiliation or explain the reason for such party’s visit to the Premises. Except vaults and safes, and in the case of an emergency, Landlord shall not emergency to enter the Premises during times that would (aa) interfere with by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants an eviction. Tenant waives any charges for damages or invitees of the Premises are threatened, injuries or interference with Tenant's property or business in connection therewith; provided Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedhas used reasonable care.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Office Lease (Epl Technologies Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount12.1. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective 's agents shall have the right at reasonable times to enter the Premises at to inspect the same or to maintain or repair, make alterations or additions to the Premises required by Landlord hereunder or any portion thereof, to determine whether Tenant is complying with all reasonable timesof the provisions of this Lease, upon reasonable notice (which notice may be oral) except in the case to post notices of emergency, (i) to examine the Premises, (ii) non-responsibility or to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to performtenants, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessionslenders. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation the right to disclose such party’s name, home request to temporary use or business affiliation jointly use with Tenant a portion or explain portions of the reason for such party’s visit Premises prior to the Premisessurrender dates established by the Lease; Tenant may grant or withhold this permission in Tenant's sole discretion. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Upon request from Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied shall, within 24 hours, provide Landlord, for Landlord's permanent possession, a copy of any keys required to gain access to the Premises or to any area within the health Premises (excluding Tenant's vaults and safety safes). Landlord may at any time during the last ninety (90) days of occupants the Term of the Lease, place on or invitees about the Premises any ordinary “for lease” signs. No action by Landlord pursuant to this paragraph shall constitute an eviction of Tenant, constructive or otherwise, entitle Tenant 9/12/2013 12:02 PM to abatement of rent or to terminate this Lease or otherwise release Tenant from any of Tenant's obligations under this Lease.
12.2. Landlord reserves to itself the right, from time to time, to grant such easements, rights, and dedications that Landlord deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior by Tenant. Tenant shall sign any of the Premises) aforementioned documents upon request of all walls, windows Landlord and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent failure to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part do so shall constitute a material breach of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairthis Lease.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Super Micro Computer, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, times (i) to examine the Premises, (ii) to show the Premises to prospective purchaserspotential and actual buyers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or othersinvestors, andlenders, during or, in the last 12 eighteen (18) months of the TermTerm (provided that Tenant has not timely exercised its right to extend the Term pursuant to Section 3.03), prospective tenants; (ii) to inspect and monitor Tenant’s compliance with Legal Requirements governing Hazardous Substances, and to inspect the Premises to determine whether Tenant is in compliance with the terms of this Lease, but any entries pursuant to this clause (ii) shall require at least two (2) business days’ prior notice, shall be during normal business hours (unless otherwise agreed by Tenant) and shall not occur more often than once annually during the term of this Lease except where a notice of default has been provided to Tenant or where such inspections are required by Landlord’s mortgagees or insurers; (iii) for purposes described in Sections 2.01(c), 9.04 and/or 10.04(b), or (iv) for any other purpose Landlord reasonably deems necessary in connection with the exercise of Landlord’s rights and obligations under this Lease. Landlord shall give Tenant reasonable prior notice (which shall be not less than 24 hours and may be via e-mail to xxxxxx_xxxxxxxxxx@xxxx.xxx or an alternative e-mail address provided to Landlord in writing from time to time) of such entry. Landlord shall cooperate with Tenant to schedule any such entry and activity at a time designed to reduce any inconvenience to Tenant. Tenant shall have the right to have a representative of Tenant accompany Landlord during any such entry, but entry shall not be prohibited if Tenant fails to provide an accompanying representative (in the event of which failure, Landlord shall attempt at least one phone call to each Tenant’s Designated Representative (as defined below), if any then exists, to prospective lessees notify Tenant of such failure prior to any entry). However, in case of emergency, Landlord may enter any part of the Premises with such notice as is reasonably practicable or without prior notice if notice is impracticable and without Tenant’s representative, if necessary, and shall, if no notice was provided (Landlord agreeing that it shall endeavor to provide an e-mail notice to the e-mail address provided above), promptly notify Tenant of the nature and extent of such entry. During Landlord’s access of the Premises, and (iii) Landlord shall comply with reasonable security provisions required by Tenant to make such repairs, alterations or additions to preserve the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to confidential nature of information in whatever form maintained within the Premises. For safety, only security, confidentiality or compliance with law purposes, Tenant may designate certain limited areas as are limited access areas to be shown on plans provided by Tenant to Landlord and updated by Tenant as reasonably necessary), (B) necessary in the future to which Landlord may and related parties shall not have access except in an emergency or as otherwise reasonably elect necessary and then only in accordance with a mutually agreed-upon plan to perform following protect Tenant’s failure reasonable concerns regarding safety, security and confidentiality, provided that such limited access areas shall be reasonably identified and necessary to perform, protect the health of persons or (C) to comply with any Requirements which are security of confidential and proprietary information. Landlord and Tenant will develop a protocol limiting and controlling the distribution of Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual keys or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit other access devices to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of “Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.’s
Appears in 1 contract
Landlord’s Access. (a) Subject to the provisions of Section 17.1(b), Tenant shall permit Landlord, Landlord’s 's agents, utility companies and other service providers servicing the Buildings Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis an immaterial amount. Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s 's Property caused by any work performed pursuant to this Article; . Any pipes, ducts, or conduits installed in making such repairsor through the Premises pursuant to this Section 17.1 shall either be concealed behind, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the beneath or within then existing finishes partitioning, columns, ceilings or floors located in such portions of the Ancillary Space Premises, or Tenant’s Property, as applicablecompletely furred at points immediately adjacent to existing partitioning columns or ceilings located in the Premises.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Building and their respective agents and representatives or others, and, and during the last 12 24 months of the Term, Term to prospective lessees of premises in the Premises, Building and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building (A) as Landlord may reasonably deem necessary or desirable (except thatappropriate, as including the right to modify or change the Premises, only as are reasonably necessary)facade of and the windows in the Building and to install solar film on the windows, (B) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; , except as expressly provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedSection 11.9.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces ("Terraces") and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications communication closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
(d) If Tenant requests that Landlord landscape any Terrace, Landlord shall determine whether to do so in Landlord's sole discretion. If Landlord determines to do so, Landlord shall submit to Tenant drawings related thereto (including any alterations or additions to the Building required thereby) for its approval. If Tenant approves of such drawings, Landlord shall proceed to do all the work shown on such drawings (including such alterations and additions) (the "Terrace Work"). Tenant shall reimburse Landlord, within 15 days after demand therefor, for the cost of preparing such drawings, performing the Terrace Work (plus an administrative charge equal to 10% of such cost), and the cost to Landlord of maintaining the Terrace Work during the Term. Nothing contained herein shall be deemed to vest in Tenant any easement, license or privilege with respect to any use of the Terraces or grant Tenant any right to use or go upon the Terraces. Tenant shall reimburse Landlord for any damage caused to the Terraces or other parts of the Building as a result of the Terrace Work and the maintenance thereof other than damage arising from the gross negligence or willful misconduct of Landlord.
Appears in 1 contract
Samples: Lease (Greenhill & Co Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, agents and utility companies and other service providers servicing the Buildings to Building may, erect, use and maintain concealed ducts, pipes and concealed conduits in and through the Ancillary Space, Premises provided such use does not (i) cause the usable area of the Ancillary Space Premises or the Tenant’s Roof Deck Area to be reduced beyond other than to a de minimis amountextent unless required by Requirements and/or (ii) materially change the location of the core bathrooms, fire stairs, lifts or the elevator shafts, or lower the ceiling heights other than to an immaterial extent) and/or reduce, cover or darken the Skylight, unless required by Requirements. Landlord shall promptly repair any damage to the Ancillary Space or Premises, the Skylight and Tenant’s Property Roof Deck Area caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, Article 14. The foregoing is not intended to vitiate the extent practicable, match the then existing finishes in such portions provisions of the Ancillary Space Section 6.3 or Tenant’s Property, as applicableSection 6.5.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises and Tenant’s Roof Deck Area at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergencyemergency in which case any limitation on the number of entries and/or advance notice shall not be required (but Landlord shall use commercially reasonable efforts to notify Tenant via telephone or email), (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Mortgagees, Lessors or, in the last twelve (12) months of the Buildings Term, tenants, and their respective agents and representatives or others, and, during the last 12 months of the Term, others and to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions perform Restorative Work to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedBuilding.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises Premises, upon reasonable advanced notice (except in the case of an emergency) to Tenant, for the purposes of Building operation, maintenance, alteration and repairrepair subject to Tenant’s rights hereunder with respect to designated roof and/or shaft space for Tenant’s exclusive use in which event Landlord’s use thereof shall be that which is reasonably required to operate and maintain the Building.
(d) Subject to emergency and police conditions and the provisions of Section 10.11(a) and Section 26.16 hereof, Tenant (and Tenant’s assignees, sub lessees, invitees, licensees, and employees) shall, during the term of this Lease, have access to and use of the Premises and, subject to safety conditions, weather, and similar factors, Tenant’s Roof Deck Area twenty-four (24) hours per day seven (7) days per week, three hundred sixty-five (365) days a year.
(e) Except in the case of an emergency, Landlord shall use all reasonable efforts, as practical under the circumstances, to comply with Tenant’s reasonable security measures when entering the Premises and Tenant’s Roof Deck Area.
Appears in 1 contract
Samples: Lease Agreement (2U, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees or Lessors tenants (within one hundred eighty (180) days of expiration of a term provided the Buildings same has not been validly extended) and their respective agents lenders and representatives or othersmaking such alterations, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations improvements or additions to the Premises or the Buildings (A) building of which they are a part as Landlord may reasonably deem necessary or desirable (desirable. All entry except thatfor emergency purposes, shall be at reasonable times with reasonable notice and in a manner which does not interfere with Tenant's business operations. Landlord's right to inspect the Premises includes, but is not limited to, the right to take samples and make such environmental tests as Landlord may reasonably deem appropriate from time to time. Landlord shall give reasonable advance notice before entering the Premises. Landlord shall have the right to unlimited access to the fire monitoring system, security panel, roof hatch and ladder on the Premises, subject only as are reasonably necessary)to providing reasonable notice to Tenant. Notwithstanding the foregoing, (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord no notice shall be allowed required hereunder to take all material into enter the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency. Landlord may at any time, Landlord shall not enter place on or about the Premises any ordinary "For Sale" signs and Landlord may at any time during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees last 180 days of the Premisesterm hereof place on or about the Premises any ordinary "For Lease" signs, all without rebate of rent or liability to Tenant. If by reason of Landlord’s failure to perform an obligation which is imposed Notwithstanding the foregoing, the parties acknowledge that Tenant may have on Landlord under this Lease, the Premises certain areas containing certain drugs and medical supplies and that Tenant is either denied required by law to restrict access to said areas. The parties further acknowledge that Tenant is required to restrict access to so-called Clean Room(s) in order to maintain the Premises or the health integrity and safety standards thereof. Landlord's right of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent subject to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairhonor said restrictions.
Appears in 1 contract
Samples: Net Industrial Lease (Sabratek Corp)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents its representatives shall have the right without charge to enter the Premises it and without reduction in Base Rent or Additional Rent, at all reasonable times, times and upon reasonable prior notice (which notice may be oral) by electronic mail or telephone), except in the case of emergencyan emergency (in which case such prior notice shall not be required), and in such manner as shall not unreasonably interfere with Tenant’s business, to enter the Premises for any reasonable purpose (i) to examine the Premisesincluding, (ii) to show without limitation, showing the Premises to prospective purchasers, Mortgagees tenants and lenders) and to make entry for the purpose of investigating repair or Lessors maintenance problems and to make such repairs or changes as Landlord deems advisable, and to maintain, use, repair, replace, relocate or introduce pipes, ducts, wires, meters and any other Landlord’s fixtures serving or to serve the Premises or other parts of the Buildings and their respective agents and representatives Landlord’s Property (which shall be installed above ceilings, behind walls, along existing columns, or othersin other areas which do not interfere with Tenant’s business), or to maintain or repair any portion of the Landlord’s Property, and, during in case of an emergency, whether resulting from circumstances in the Premises or elsewhere on the Landlord’s Property, Landlord or its representatives may enter the Premises (forcibly, if necessary) at any time to take such measures as may be needed to cope with such emergency. Such access shall include, but not be limited to, the right to open floors, walls, ceilings, and building systems for the foregoing purposes. During the last 12 months of the Lease Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof right to place signs at and access thereto through about the Premises (including but not limited to in any exterior window of the Premises and on the exterior of and outside the Building), advertising the Premises as being available for lease. Notwithstanding the purposes foregoing or any other provision contained in this Lease or the Rules and Regulations, Xxxxxxxx agrees to use all commercially reasonable and diligent precautions when accessing any area of Building operationthe Premises that is reasonably likely to contain health information that is protected by the HI PAA Privacy Rule, maintenance45 CFR Part 160 and Subparts A and E of Part 164, alteration as amended from time to time, or any other laws enacted to protect individuals’ medical records and repairother personal health information (collectively, “Privacy Laws”). Landlord must at all reasonable times (including in the event of repossession of the Premises by Landlord), provide Tenant with reasonable access to all patient medical records. Landlord acknowledges that any security interest granted to Landlord in this Lease (or any related agreement) specifically excludes Tenant’s patient medical records. This paragraph shall supersede any other conflicting provision in this Lease, or any other agreement entered into by Landlord and Tenant as part of this transaction.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, times (i) to examine the Premises, (ii) to show the Premises to prospective purchaserspotential and actual buyers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or othersinvestors, andlenders, during or, in the last 12 eighteen (18) months of the TermTerm (provided that Tenant has not timely exercised its right to extend the Term pursuant to Section 3.03), prospective tenants; (ii) to prospective lessees of the Premisesinspect and monitor Tenant’s compliance with Legal Requirements governing Hazardous Substances, and to inspect the Premises to determine whether Tenant is in compliance with the terms of this Lease, but any entries pursuant to this clause (ii) shall require at least two (2) business days’ prior notice, shall be during normal business hours (unless otherwise agreed by Tenant) and shall not occur more often than once annually during the term of this Lease except where a notice of default has been provided to Tenant or where such inspections are required by Landlord’s mortgagees or insurers; (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessaryfor purposes described in Sections 2.01(c), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform9.04 and/or 10.04(b), or (Civ) to comply for any other purpose Landlord reasonably deems necessary in connection with any Requirements which are the exercise of Landlord’s responsibility, rights and obligations under this Lease. Landlord shall give Tenant reasonable prior notice (which shall be allowed to take all material into the Premises that not less than 24 hours and may be required for the performance via e-mail to xxxxxx_xxxxxxxxxx@xxxx.xxx or an alternative e-mail address provided to Landlord in writing from time to time) of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that entry. Landlord shall use reasonable efforts cooperate with Tenant to remove those materials which are not required schedule any such entry and activity at a time designed to remain in reduce any inconvenience to Tenant. Tenant shall have the Premises between such work sessions. Any party who accompanies Landlord right to the Premises shall be accompanied by have a representative of Tenant accompany Landlord during any such entry, but entry shall not be prohibited if Tenant fails to provide an accompanying representative (provided Tenant makes such representative available) but in the event of which failure, Landlord shall have no obligation attempt at least one phone call to disclose each Tenant’s Designated Representative (as defined below), if any then exists, to notify Tenant of such party’s namefailure prior to any entry). However, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not may enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees part of the Premises are threatened, Landlord shall, to the extent practicable, perform with such obligation on an overtime basis until access notice as is restored reasonably practicable or such threat without prior notice if notice is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows impracticable and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.without
Appears in 1 contract
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all Applicable Law, including without limitation the Marijuana Code, in respect of any such entry; Tenant may require Landlord to be accompanied by a staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallSection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Txxxxx’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing and the Marijuana Code, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 months ninety (90) days of the TermTerm or any renewal thereof, to show them to prospective lessees tenants in compliance with all Applicable Laws, including but not limited to the Marijuana Code. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations or additions any applicable limitations required by the Marijuana Code. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have reserves the right at all reasonable times and upon reasonable notice to Tenant to enter the Premises at all reasonable times, upon reasonable notice to (which notice may be orala) except in the case of emergency, inspect it; (ib) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees mortgagees or Lessors tenants, or to the ground or underlying lessors; (c) post notices of non-responsibility; (d) alter, improve or repair the Buildings Premises; or (e) place “For Sale” and their respective agents and representatives or others, and, “For Lease” signs on the Premises during the last 12 months one hundred eighty (180) days of the Lease Term. Notwithstanding anything to the contrary contained in this Section 5.06, Landlord may enter the Premises at any time to prospective lessees (A) perform services required of Landlord; (B) take possession due to any breach of this Lease, in the manner provided in this Lease, and consistent with Applicable Law; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. For each of the above purposes, Landlord may request and Tenant shall provide a key with which to unlock all the doors in the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner described above shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without from any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees portion of the Premises. If by reason of In addition to Landlord’s failure to perform an obligation which is imposed on Landlord under this Leaseaccess described herein, Tenant is either denied access to agrees that Landlord may enter upon the Premises or no less frequently than monthly during the health buildout phase and safety of occupants or invitees of the Premises are threatenedthereafter no less than every 90 days during operation to evaluate building, Landlord shall, so long as such entry does not violate any laws applicable to the extent practicable, perform such obligation Tenant’s operations conducted on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (MJ Holdings, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have reserves the right at all reasonable times and upon reasonable notice to Tenant to enter the Premises at all reasonable times, upon reasonable notice to (which notice may be orala) except in the case of emergency, inspect it: (ib) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees mortgagees or Lessors tenants, or to the ground or underlying lessors; (c) post notices of non-responsibility; (d) alter, improve or repair the Buildings Premises; or (e) place “For Sale” and their respective agents and representatives or others, and, “For Lease” signs on the Premises during the last 12 months one hundred eighty (180) days of the Lease Term. Notwithstanding anything to the contrary contained in this Section 3.06, Landlord may enter the Premises at any time to prospective lessees (A) perform services required of Landlord; (B) take possession due to any breach of this Lease, in the manner provided in this Lease, and consistent with Applicable Law; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to lake such reasonable steps as required to accomplish the stated purposes. For each of the above purposes, Landlord may request and Tenant shall provide a key with which to unlock all the doors in the Premises. In an emergency, Landlord shall have the right to use any means that Landlord may deem proper to open the doors in and to the Premises. Any entry into the Premises in the manner described above shall not be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without from any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees portion of the Premises. If by reason of In addition to Landlord’s failure to perform an obligation which is imposed on Landlord under this Leaseaccess described herein, Tenant is either denied access to agrees that Landlord may enter upon the Premises or no less frequently than monthly during the health buildout phase and safety of occupants or invitees of the Premises are threatenedthereafter no less than every 90 days during operation to evaluate building, Landlord shall, so long as such entry does not violate any laws applicable to the extent practicable, perform such obligation Tenant’s operations conducted on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (MJ Holdings, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, 31.1 Landlord and Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice to Tenant (which notice may be oral) except in the case of an emergency) for the purpose of inspecting the same, (i) to examine performing any services required of Landlord, showing the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives tenants, taking such safety measures, erecting such scaffolding or othersother necessary structures, andmaking such alterations, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations improvements or additions to the Premises Premises, the Building or the Buildings (A) Project as Landlord may reasonably deem necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect to Tenant’s use of the Premises. Landlord may at any time place on or about the Premises, only as are reasonably necessary), (B) which the Building or the Project any “For Sale” signs and Landlord may reasonably elect to perform following Tenant’s failure to perform, at any time during the last 180 days of the Term hereof place on or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into about the Premises that any “For Lease” signs. Notwithstanding anything to the contrary set forth in this Lease, Tenant may be required designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the performance purpose of such work without securing certain valuable property or confidential information. In connection with the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyforegoing, Landlord shall not enter such Secured Areas except in the Premises during times that would event of an emergency. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to the extent (aai) interfere with any such repair or maintenance is required in order to maintain and repair the structure or systems of Tenant’s productions being staged at the Music Hall Building; (ii) as required by applicable law, or (bbiii) threaten the health or safety of occupants or invitees of the Premises. If in response to specific requests by reason of Tenant that are Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access and in accordance with a schedule reasonably designated by Tenant, subject to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedLandlord’s reasonable approval.
(c) 31.2 All parts (except surfaces facing the interior activities of the Premises) Landlord pursuant to this paragraph 31 shall be without abatement of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesrent, and Landlord shall not have any liability to Tenant for the same except to the extent caused by the gross negligence of Landlord.
31.3 Landlord shall have the use thereof and access thereto through right to retain keys to the Premises and to unlock all doors in or upon the Premises other than to files, vaults and safes, and in the case of emergency to enter the Premises by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of the Premises or an eviction. Tenant waives any charges for the purposes of Building operation, maintenance, alteration and repairdamages or injuries or interference with Tenant’s property or business in connection therewith.
Appears in 1 contract
Landlord’s Access. Landlord or Landlord's agents (a) Tenant shall permit Landlordand any Superior Lessor, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Superior Mortgagee and any other party designated by Landlord and their respective agents agents) shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) whether or not during Business Hours, and, except in the case cases of emergency, upon reasonable prior notice to Tenant and without unreasonably interfering with Tenant or its use or enjoyment of the Premises, for any of the purposes specified in this Lease and (ia) to examine the PremisesPremises or for the purpose of performing any obligation of Landlord or exercising any right reserved to Landlord in this Lease, to the Superior Lessor in the Superior Lease, or to the Superior Mortgagee in the Superior Mortgage; (iib) to show exhibit the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, others during the last 12 final nine (9) months of the Term; (c) to make or cause to be made such repairs or Alterations, or to permit electrical or other utility meters to be read, or to perform such maintenance, including the maintenance of Building Equipment, as Landlord may deem reasonably necessary; (d) to take into and store upon the Premises all materials that may be required in connection with any such repairs, Alterations or maintenance; and (e) to alter, renovate and decorate the Premises at any time during the Term if Tenant shall have removed all or substantially all of Tenant's Property from the Premises. If Tenant, its agents or employees shall not be present or shall not permit an entry into the Premises at any time when such entry shall be permissible, Landlord may use a master key to enter the Premises without any liability therefor. Landlord or Landlord's agents shall have the right to permit access to the Premises at any time, whether or not Tenant shall be present, to prospective lessees any receiver, trustee, marshal or other person entitled to, or reasonably purporting to be entitled to, such access for the purpose of taking possession of, or removing, any Tenant's Property or property of any other occupant of the Premises, and (iii) or for any other lawful purpose, or by any representative of the fire, police, building, sanitation or other department or instrumentality of the municipal, state or federal governments. Nothing contained in, nor any action taken by Landlord under, this Section shall be deemed to make such repairs, alterations constitute recognition by Landlord that any person other than Tenant has any right or additions to the Premises interest in this Lease or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. Landlord reserves the right at all reasonable times and upon reasonable notice (aat least 72 hours’ notice, except in case of an emergency) to Tenant shall permit to enter the Property and the Limited Common Area to (i) inspect it; (ii) show the Property to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors; (iii) post notices of non-responsibility; (iv) alter, improve or repair the Property; or (v) place “For Sale” and “For Lease” signs on the Property. Notwithstanding anything to the contrary contained in this Section 5.06, Landlord may enter the Property at any time to (A) perform services required of Landlord; (B) take possession due to any breach of this Lease, in the manner provided in this Lease, and consistent with Applicable Law; and (C) perform any covenants of Tenant which Tenant fails to perform within thirty (30) days following Landlord’s agentswritten notice and demand therefor, utility companies except in the case of an emergency. Any such entries shall be without the abatement of Rent and other service providers servicing shall include the Buildings right to erecttake such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, use and maintain concealed ductslost profits, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area any loss of occupancy or quiet enjoyment of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by loss occasioned thereby. For each of the above purposes, Landlord may request and their respective agents Tenant shall provide a key with which to unlock all the doors in the Property. In an emergency, Landlord shall have the right to enter use any means that Landlord may deem proper to open the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except doors in and to the Property. Any entry into the Property in the case of emergency, (i) manner described above shall not be deemed to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees be a forcible or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to performunlawful entry into, or (C) to comply with any Requirements which are Landlord’s responsibilitya detainer of, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting Property, or an actual or constructive eviction of Tenant from any portion of the Property. Notwithstanding the above, except in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyemergency or an Event of Default, Landlord shall not enter Landlord’s entry into the Premises during times that would (aa) interfere Property is subject to Landlord’s compliance with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation reasonable security procedures, which is shall be applicable and fairly imposed on Landlord under this Lease, Tenant is either denied all persons seeking access to the Premises or the health and safety of occupants or invitees of the Premises are threatenedProperty. Industrial Lease—Las Vegas, Landlord shallNevada 0000 Xxxxxxx Xxxx Las Vegas, to the extent practicableNevada Switch, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.Ltd.
Appears in 1 contract
Samples: Industrial Lease (Switch, Inc.)
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, subject to any applicable limitations required by Oklahoma revised statute laws, Oklahoma Bureau of Narcotics and (iii) Dangerous Drugs Control and/or OMMA regulations. Although Landlord shall not have the right to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Subject to the terms of Section 26.22 below, Landlord, Landlord’s agents, agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amountamount or materially modify the location or construction of the Initial Installations. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicableArticle 14.
(b) Subject to the terms of Section 26.22 below, Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable timestimes during the Business Day, upon reasonable at least one Business Day prior notice (which notice may be oral) except in the case of emergencyemergency (in which event no notice shall be required), (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees Mortgagees, or Lessors (or to tenants in the last twelve (12) months of the Buildings Term) and their respective agents and representatives or others, and, during the last 12 months others and to perform Work of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions Improvement to the Premises or the Buildings (A) as Building. Tenant shall have the right to escort Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with during any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material such entry into the Premises that (other than in an emergency, in which case Landlord shall not need an escort). Notwithstanding anything to the contrary set forth in this Section 14.1(b), Tenant may be required designate in writing certain reasonable areas of the Premises as “Secured Areas” should Tenant require such areas for the performance purpose of such work without securing certain valuable property or confidential information. In connection with the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyforegoing, Landlord shall not enter such Secured Areas except in the Premises during times that would (aa) interfere with any event of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premisesan emergency. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairwaysstairways (except Tenant’s internal stairway), mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof thereof, and access thereto through the Premises pursuant to the terms of this Lease for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Sublease Agreement (Sunrun Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents's agents and contractors, and appropriate public utility companies and other service providers servicing the Buildings to erect, use and maintain maintain, repair and replace concealed ducts, pipes pipes, lines and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.Premises
(b) Landlord, any Lessor ground lessor or Mortgagee mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergencyemergency (when no notice shall be required), (iI) to examine the PremisesPremises during the Term, (iiII) to show the Premises during the Term to prospective purchasers, Mortgagees mortgagees or Lessors ground lessors of the Buildings Building and their respective agents and representatives or others, and, and during the last 12 months of the Term (unless Tenant exercises its option to extend pursuant to Section 2.3, in which event the last twelve months of the Extension Term, ) to prospective lessees of the Premisestenants, and (iiiIII) during the Term to make such repairs, alterations or additions to the Premises or the Buildings Building (Ai) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)appropriate, (Bii) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (Ciii) to comply with any Requirements which are Landlord’s responsibilitylegal requirements, and Landlord shall be allowed to take all material materials into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedrent.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, Premises (including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration alteration, improvement and repair.
(d) If, during the last twelve (12) months of the Term, Tenant removes all or substantially all of Tenant's property from the Premises and vacates the same, Landlord may, upon prior notice to Tenant (which notice may be oral), renovate and/or redecorate the Premises, without abatement of any rent or incurring any liability to Tenant. Such acts shall not be deemed an actual or constructive eviction and shall have no effect upon this Lease.
Appears in 1 contract
Samples: Lease Agreement (Broadvision Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by 32.1 Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in performing any services required of Landlord, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives lessees, taking such safety measures, erecting such scaffolding or othersother necessary structures, andmaking such alterations, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations improvements or additions to the Premises or to the Buildings (A) Office Building Project as Landlord may reasonably deem necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect to Tenant's use of the Premises, only as are reasonably necessary), (B) which . Landlord may reasonably elect to perform following Tenant’s failure to perform, at any time place on or (C) to comply with about the Premises or the Building any Requirements which are Landlord’s responsibility, ordinary "For Sale" signs and Landlord may at any time during the last 120 days of the term hereof place on or about the Premises any ordinary "For Lease" signs.
32.2 All activities of Landlord pursuant to this paragraph shall be allowed without abatement of rent, nor shall Landlord have any liability to take all material into the Premises that may be required Tenant for the performance same, nor shall such activities be considered an eviction or disturbance of such work without Tenant's use or possession of the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Premises.
32.3 Landlord shall use reasonable efforts have the right to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord retain keys to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation and to disclose such party’s nameunlock all doors in or upon the Premises other than to files, home or business affiliation or explain the reason for such party’s visit to the Premises. Except vaults and safes, and in the case of an emergency, Landlord shall not emergency to enter the Premises during times that would (aa) interfere with by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants an eviction. Tenant waives any charges for damages or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored injuries or such threat is removedinterference with Tenant's property or business in connection therewith.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. Subject to the terms hereof, Tenant shall (a) Tenant upon reasonable advance notice, which may be oral (except that no notice shall be required in emergency situations), permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord holder of a Mortgage (hereinafter defined) (each such holder, a “Mortgagee”), and their respective agents shall agents, representatives, employees and contractors, to have the right access to enter the Premises at all reasonable hours for the purposes of inspection, making repairs, replacements or improvements in or to the Premises or the Building or equipment therein (including sanitary, electrical, heating, air conditioning or other systems), complying with all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions and orders and requirements of all public authorities (collectively, “Legal Requirements”), or exercising any right reserved to Landlord under this Lease (including the right to take upon or through, or to keep and store within the Premises all necessary materials, tools and equipment); (b) permit Landlord and its agents and employees, at reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergencyadvance notice, (i) to examine the Premises, (ii) to show the Premises during normal business hours (i.e., Monday—Friday 8:00 AM – 6:00 PM, Saturday 9:00 AM – 1:00 PM, excluding holidays) to any prospective purchasers, Mortgagees Mortgagee or Lessors purchaser of the Buildings and their respective agents and representatives Building and/or the Property or othersof the interest of Landlord therein, and, during the last 12 twelve (12) months of the Term, or at any time after the occurrence of an Event of Default, prospective tenants; (c) upon reasonable prior written notice from Landlord, permit Landlord and its agents, at Landlord’s sole cost and expense, to prospective lessees perform environmental audits, environmental site investigations and environmental site assessments (“Site Assessments”) in, on, under and at the Premises and the Land, it being understood that Landlord shall repair any damage arising as a result of the Site Assessments, and such Site Assessments may include both above and below the ground testing and such other tests as may be necessary or appropriate to conduct the Site Assessments; and (d) in case any excavation shall be made for building or improvements or for any other purpose upon the land adjacent to or near the Premises, afford without charge to Landlord, or the persons or entities causing or making such excavation, license to enter upon the Premises for the purpose of doing such work as Landlord or such persons or entities shall deem necessary to preserve the Building from injury, and to protect the Building by proper securing of foundations. As used in the foregoing clauses (a) through (d), the term “reasonable advance notice” or “reasonable prior notice” shall not require Landlord to provide oral or written notice more than twenty-four (24) hours in advance of any access to the Premises, and (iii) no prior notice shall be required in the event of an emergency. In connection with any access by Landlord under this Section 2.3, Tenant shall be entitled to make have a representative present during such repairsaccess, alterations or additions however, the presence of such Tenant representative shall not be a precondition to any such access. In addition, to the extent that it is necessary to enter the Premises or in order to access any area that serves any portion of the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to Building outside the Premises, only then Tenant shall, upon as are reasonably necessarymuch advance notice as is practical under the circumstances, and in any event at least twenty-four (24) hours’ prior written notice (except that no notice shall be required in emergency situations), (B) which Landlord may reasonably elect permit contractors engaged by other occupants of the Building to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into pass through the Premises that may be required for the performance of in order to access such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be areas but only if accompanied by a representative of Tenant Landlord. The parties agree and acknowledge that, despite reasonable and customary precautions (provided Tenant makes such representative available) but which Landlord agrees it shall have no obligation to disclose such party’s nameexercise), home any property or business affiliation or explain the reason for such party’s visit to the Premises. Except equipment in the case Premises may nevertheless be damaged in the course of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of performing Landlord’s failure to perform an obligation which is imposed on Landlord under this Leaseobligations. Accordingly, Tenant is either denied access to the Premises or the health shall take reasonable protective precautions with its property and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedequipment.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord and Landlord, Landlord’s 's agents, utility companies representatives and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents designees shall have the right at all reasonable times and upon at least twenty four (24) hours’ notice to Tenant to enter the Premises at all subject to Tenant's reasonable timessafety and security requirements as reasonably necessary for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees tenants, lenders or Lessors of the Buildings and their respective agents and representatives or others, and, during other transferees (but only within the last 12 twelve (12) months of the Term, Lease Term with respect to prospective lessees of the Premisestenants), and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) Building if necessary to comply with current Building codes or other applicable laws, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 25.15, Landlord may enter the Premises at any Requirements time to (i) perform services required of Landlord under this Lease; (ii) perform any covenants of Tenant which are Landlord’s responsibilityTenant fails to perform in accordance with Article 17 of this Lease; or (iii) to address an emergency. Notwithstanding the foregoing, Landlord agrees to exercise its rights under this Section 25.15 at such times and in such manner as to minimize the impact on Tenant's business and/or operations in the Premises. If Tenant has designated in writing to Landlord any Security Areas (as defined in Section 9.1(e) hereof), Landlord shall be allowed to take all material into not enter the Premises that may be required for the performance of such work without the same constituting Security Areas absent an actual emergency threatening safety or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessionsproperty. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premisesperform janitorial services in any area so designated as a Security Area. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the right to use thereof reasonable force to gain access to such Security Area in an emergency threatening safety or property; however, Landlord shall otherwise enter such Security Area only on two (2) business days' prior notice to Tenant and access thereto through only after providing Tenant with the Premises for the purposes opportunity to have a representative of Building operation, maintenance, alteration and repairTenant present as an escort.
Appears in 1 contract
Samples: Office Lease (Copart Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage Subject to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to provisions of this Article; in making such repairsSection, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises upon at all reasonable times, upon reasonable least twenty-four (24) hours’ prior notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) and during normal business hours to show the Premises to prospective purchaserspotential buyers, Mortgagees or Lessors of investors, tenants (but with respect to potential tenants, only in the Buildings and their respective agents and representatives or others, and, during the last 12 final eighteen (18) months of the Term) or other parties; to inspect and conduct tests in order to monitor Tenant’s compliance with Legal Requirements governing Hazardous Materials; for purposes described in Sections 2.01, 9.04, 10.03 and/or 10.04(b); or for any other purpose Landlord reasonably deems necessary. At the request of Tenant, Landlord shall be escorted by a designee of Tenant during any such access; provided that if such designee fails to appear for a scheduled inspection or access by Landlord, Landlord may nevertheless proceed with such scheduled inspection or access. No prospective lessees of the Premiseslender, and (iii) to make such repairspurchaser, alterations or additions tenant claiming through Landlord shall be permitted access to the Premises without a representative of Landlord present. Except in the event of an emergency posing an imminent threat of personal injury or damage to the Buildings Premises (Ain which event notice shall be provided as soon as reasonably practicable), Landlord shall give Tenant at least twenty-four (24) as hours’ prior notice (which may be oral) of any entry by Landlord into the Premises. Landlord shall not enter any of the following secured areas within the Premises: laboratory space and vivarium, other than in case of emergency. Notwithstanding the preceding provisions of this Section, in case of emergency, Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with enter any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into part of the Premises without prior notice to Tenant provided that may be required for the performance Landlord provides Tenant with notice of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that entry as soon as reasonably possible thereafter. Landlord shall use reasonable efforts not to remove those materials which are not required to remain in interfere with Tenant’s use and occupancy of the Premises between such work sessionswhen exercising Landlord’s rights under this paragraph. Any party who accompanies Landlord agrees to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere comply with any of Tenant’s productions being staged at the Music Hall or reasonable requirements (bbincluding without limitation requirements in connection with access, health, safety, and/or security checks) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied in connection with non- emergency access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform to which the same are consistent with the provisions of this Section and have been provided to Landlord in writing prior to any such obligation on an overtime basis until access is restored or such threat is removedentry.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by 32.1 Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable times, times upon reasonable notice (which notice may be oral) except in for the case purpose of emergencyinspecting the same, (i) to examine performing any services required of Landlord, showing the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives or others, and, (during the last 12 twelve (12) months of the Term) tenants, to prospective lessees of the Premisestaking such safety measures, and (iii) to make erecting such scaffolding or other necessary structures, making such alterations, repairs, alterations improvements or additions to the Premises or to the Buildings (A) Office Building Project as Landlord may reasonably deem necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect to Tenant's use of the Premises. Landlord may, only as are reasonably necessary)at any time, (B) which place on or about the Building any ordinary "For Sale" or "For Lease" signs and Landlord may reasonably elect at any time during the last 180 days of the Term place on or about the Premises any ordinary "For Lease" signs.
32.2 All activities of Landlord pursuant to perform following Tenant’s failure this paragraph shall be without abatement of rent, nor shall Landlord have any liability to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Tenant for the same.
32.3 Landlord shall be allowed have the right to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord retain keys to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation and to disclose such party’s nameunlock all doors in or upon the Premises other than to files, home or business affiliation or explain the reason for such party’s visit to the Premises. Except vaults and safes, and in the case of an emergency, Landlord shall not emergency to enter the Premises during times that would (aa) interfere with by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants an eviction. Tenant waives any charges for damages or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored injuries or such threat is removedinterference with Tenant's property or business in connection therewith.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Standard Office Lease (Omp Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the ----------------- Premises at all reasonable times, upon times with reasonable prior notice (which notice may be oral) except in the case of emergency, (iemergencies) to examine inspect the Premises, (ii) same; to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 Tenants (within twelve months of the Term, to prospective lessees expiration of the Premisesterm of this Lease), prospective lenders, purchasers and (iii) investors; to make such repairsexercise its rights under this Lease; to clean, alterations repair, alter or additions to improve the Premises or the Buildings (A) as Landlord may reasonably deem necessary Building; to discharge Tenant's obligations when Tenant has failed to do so within the time required under this Lease or desirable (except thatwithin a reasonable time after written notice from Landlord, as whichever is earlier; to post notices of nonresponsibility and similar notices and "For Sale" signs at any time and to place "For Lease" signs upon or adjacent to the Premises, only as are reasonably necessary), Building at any time within twelve (B12) which months of the expiration of the term of this Lease. Tenant shall permit Landlord may reasonably elect and its agents to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into enter the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without at any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain time in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case event of an emergency. When reasonably necessary, Landlord shall not enter may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure so long as Landlord provides reasonable access to the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of Building and the Premises. If any entry or work by reason of Landlord’s failure Landlord would materially adversely affect Tenant's ability to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding operate its business in the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have undertake such entry or work (except in the use thereof and access thereto through the Premises for the purposes event of Building operation, maintenance, alteration and repairan emergency) after Normal Business Hours.
Appears in 1 contract
Samples: Deed of Lease (Vialog Corp)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s its agents, utility companies contractors, consultants and other service providers servicing the Buildings to erectemployees, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall will have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except any time in the case of an emergency, and otherwise at reasonable times during normal business hours following no less than one (i1) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings business day prior notice and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a an authorized representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged available at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on time Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within party desires to enter the Premises), all balconies, terraces and roofs adjacent to examine the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of perform work in the Premises, inspect any Tenant Alterations and/or any Tenant Improvements, show the Premises, exercise any right or remedy, or for any other commercially reasonable purpose. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions and Tenant shall not have any right to terminate this Lease or xxxxx rent or assert a claim of partial or constructive eviction because of any such closure, provided that Landlord shall use commercially reasonable efforts to conduct such work in a manner designed to minimize unreasonable interference with Tenant’s operations in the Premises. For each of these purposes, Landlord will at all times have the use thereof and access thereto through retain any necessary keys. Tenant will not alter any lock or install new or additional locks or bolts on any door in or about the Premises for without obtaining Landlord’s prior written approval and will, in each event, furnish Landlord with a new key. Access by Landlord will not give Tenant the purposes right to terminate this Lease, and will be without abatement of Building operation, maintenance, alteration and repairrent or liability on the part of Landlord or any Landlord Related Parties.
Appears in 1 contract
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times, after prior reasonable notice to Tenant shall permit Landlordand subject to Tenant’s reasonable security procedures, Landlord’s agentsto enter the Premises to examine them and to make such repairs, utility companies and other service providers servicing the Buildings to erectalterations, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountor improvements thereto as are expressly required under this Lease. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallSection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to minimize interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. In addition, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable prior written notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersPremises, and, during the last 12 twelve (12) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Within ten (10) days after Landlord’s written request, Tenant shall provide the name of Tenant’s contact person for Landlord to provide notice to and to coordinate the showings permitted herein. Landlord will have the right at all times to enter the Premises without advance notice in the event of an emergency affecting the Premises. Tenant shall have the right to have a representative of Tenant accompany Landlord with respect to any entry onto the Premises, and in any event during any entry onto the Premises Landlord shall: (iiii) comply with Tenant’s reasonable security procedures, including, without limitation, that there may be safes, vaults, and/or certain secured areas within the Premises that may not be accessed by Landlord except in the event of an emergency posing an imminent danger to make such repairspersons or property, alterations or additions and (ii) minimize any interference with the conduct of Tenant’s business, prevent breaches in security and avoid damages to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except thatequipment, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to performfixtures, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any personal property of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Office Depot Inc)
Landlord’s Access. Landlord and its agents (a) Tenant who shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated informed by Landlord of all security and their respective agents shall have the right to privacy concerns) may enter the Premises at all reasonable timestimes to conduct inspections, upon reasonable notice (which notice may be oral) except in the case of emergencymake necessary or desired repairs or improvements, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, andor, during the last 12 final six (6) months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without show the same constituting an actual to prospective tenants, buyers or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s namelenders, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyprovided, however, Landlord shall not only enter the Premises during times that would (aa) interfere with any of after Tenant’s productions being staged regular business hours after first procuring Tenant’s written consent, which Tenant shall be entitled to withhold or condition as it deems necessary. Landlord shall give Tenant reasonable notice, which shall be at the Music Hall or least 48 hours in advance, of any such entry (bbexcept in emergencies) threaten the health or safety of occupants or invitees and shall conduct such entry (except in emergencies) so as not to disturb Tenant’s use of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to may also enter the Premises or when the health same appear to be abandoned and safety for the purpose of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through placing signs offering the Premises for sale or rent, provided, however, that signs offering the purposes Premises for rent may be placed and rental showings may be conducted only during the final four (4) months of Building operationthe Term or upon the notification by Tenant of intentions to vacate according to the terms of this Lease. In an emergency, maintenanceand as permitted by law, alteration Landlord may enter the Premises without prior notice to Tenant. The provisions of this paragraph 18 shall be subject to applicable rules and repairregulations of a governmental authority having jurisdiction over Tenant’s business, which rules shall control in the event of a conflict. Tenant may require Landlord, its agents, or any persons brought onto the Premises by the Landlord or its agents to execute an appropriate confidentiality agreement to protect Tenant’s confidential information (including financial and other confidential information of Tenant’s customers).
Appears in 1 contract
Samples: Deed of Lease (Bank of the James Financial Group Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of LandlordXxxxxxxx’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant Xxxxxx is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease (MSGE Spinco, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s its agents, utility companies contractors, consultants and other service providers servicing the Buildings to erectemployees, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall will have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except time in the case of an emergency, and otherwise at reasonable times upon reasonable notice to Tenant to examine the Premises, perform work in the Premises, inspect any Tenant Alterations and/or any Tenant Improvements, show the Premises to prospective Tenants (during the last nine months of the Term) or to lenders, purchasers or other parties, to exercise any right or remedy, or for any other purpose. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions and Tenant shall not enter have any right to terminate this Lease or axxxx rent or assert a claim of partial or constructive eviction because of any such closure. For each of these purposes, Landlord will at all times have and retain any necessary keys. Tenant will not alter any lock or install new or additional locks or bolts on any door in or about the Premises during times that would (aa) interfere without obtaining Landlord’s prior written approval and will, in each event, furnish Landlord with a new key. Access by Landlord will not give Tenant the right to terminate this Lease, and will be without abatement of rent or liability on the part of Landlord or any Landlord Related Parties. Notwithstanding the foregoing, if Landlord temporarily closes the Premises in connection with any such entry by Landlord, for a period in excess of 10 consecutive day(s), Tenant’s productions being staged at , as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent during the Music Hall period beginning on the 11th consecutive day of closure and ending on the date on which the Premises are returned to Tenant in a tenantable condition. Tenant, however, shall not be entitled to any abatement if the work to be performed is required of Tenant under the terms of this Lease or (bb) threaten if the health work to be performed or safety of occupants or invitees the inspection is required as a result of the Premises. If acts or omissions of Tenant or any Tenant Entity, including, without limitation, a default by reason of Landlord’s failure to perform an obligation which is imposed on Landlord Tenant in its maintenance and repair obligations under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. Landlord reserves the right at all reasonable times during normal business hours and upon reasonable notice (aat least 72 hours notice, except in case of an emergency) to Tenant to enter the Property to (i) inspect it; (ii) show the Property to prospective purchasers, mortgagees or tenants, or to the ground or underlying lessors; (iii) post notices of non-responsibility; (iv) alter, improve or repair the Property; or (v) place “For Sale” and “For Lease” signs on the Property. Notwithstanding anything to the contrary contained in this Section 5.06, Landlord may enter the Property at any time to (A) perform services required of Landlord; (B) take possession due to any material breach of this Lease, in the manner provided in this Lease, and consistent with applicable law; and (C) perform any covenants of Tenant which Tenant fails to perform (following any applicable notice and cure period under this Lease). Any such entries shall permit Landlordbe without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, Landlord’s agentslost profits, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area any loss of occupancy or quiet enjoyment of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by loss occasioned thereby. For each of the above purposes, Landlord may request and their respective agents Tenant shall provide a key with which to unlock all the doors in the Property. In an emergency, Landlord shall have the right to enter use any means that Landlord may deem proper to open the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except doors in and to the Property. Any entry into the Property in the case of emergency, (i) manner described above shall not be deemed to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees be a forcible or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to performunlawful entry into, or (C) to comply with any Requirements which are Landlord’s responsibilitya detainer of, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting Property, or an actual or constructive eviction of Tenant in whole or in part and without from any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees portion of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedProperty.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Industrial Lease (Switch, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings 10.01 Subject to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairsSection 10.02, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have reserves the right at all reasonable times and upon at least forty-eight (48) business hours prior written notice to Tenant, and otherwise accompanied by Tenant during any such entry, to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, to (i) to examine the Premises, inspect them; (ii) to show the Premises to prospective purchasers, Mortgagees mortgagees or Lessors of tenants, or to the Buildings and their respective agents and representatives ground or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and underlying lessors; (iii) to make such repairspost notices of non-responsibility; or (iv) alter, alterations improve or additions to repair the Premises or the Buildings Building if necessary to comply with current building codes or other applicable Laws, or for structural alterations, repairs or improvements to the Building. Notwithstanding anything to the contrary contained in this Section 10, Landlord may enter the Premises at any time to (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), perform services required of Landlord; (B) take possession due to any breach of this Lease in the manner provided herein; and (C) perform any covenants of Tenant which Tenant fails to perform. Any such entries by Landlord into the Premises shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Landlord shall take commercially reasonable steps to minimize any interference with Tenant's access to and use of the Premises and any work which may be required to be performed by Landlord hereunder shall be performed after normal business hours if reasonably practical. If reasonably necessary, Landlord may reasonably elect temporarily close all or a portion of the Premises to perform repairs and alterations; provided, however, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Tenant's business hours.
10.02 Notwithstanding anything to the contrary set forth in this Section 10.01 above, Tenant may reasonably designate in writing certain reasonable areas of the Premises as "Secured Areas" should Tenant require such areas for the purpose of securing certain valuable property or confidential or proprietary information. In connection with the foregoing, Landlord shall not enter such Secured Areas except in the event of an emergency, or to perform repair and maintenance obligations, subject to the following Tenant’s failure terms of this Section 10.02. Landlord need not clean any area designated by Tenant as a Secured Area and shall only maintain or repair such secured areas to performthe extent (i) such repair or maintenance is required in order to maintain and repair the Base Building; (ii) as required by applicable Laws, or (Ciii) in response to specific requests by Tenant and in accordance with a schedule reasonably designated by Tenant, subject to Landlord’s reasonable approval, and only after providing Tenant at least forty-eight (48) business hours’ advanced notice and subject to the following limitations: (a) access must be during hours reasonably designated by Tenant when confidential materials are not present or confidential activities are not being conducted; provided, however, Tenant shall be solely responsible to reimburse Landlord within thirty (30) days of request for any over-time charges incurred by Landlord in accommodating Tenant, (b) Landlord and all other visitors must be escorted by a designated Tenant representative, and Tenant shall make such representative 4073687.v10 reasonably available, and (c) Landlord and all other visitors must sign a commercially reasonable nondisclosure agreement.
10.03 Landlord has the right at any time to (a) change the name, number or designation by which the Building is commonly known, or (b) alter the Property (other than the Premises) to comply with any Requirements which are Landlord’s responsibilitychange the arrangement or location of entrances or passageways, doors and doorways, and Landlord shall be allowed to take all material into corridors, elevators, stairs, toilets, or other public parts of the Premises that may be required for the performance of Property without any such work without the same acts constituting an actual or constructive eviction of Tenant in whole or in part and without incurring any abatement liability to Tenant, so long as such changes do not deny Tenant reasonable access to the Premises or materially impair Tenant's right to use the Premises for the Permitted Use. Without limiting the generality of Rent; provided that the foregoing, Landlord shall have the right to erect and maintain sidewalk bridges and/or scaffolding on or about the Property and/or the Building. Landlord shall use reasonable efforts to remove those materials which are not required to remain in minimize interference with Tenant's use and occupancy of the Premises between during the making of such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (changes or alterations, provided Tenant makes such representative available) but that Landlord shall have no obligation to disclose such party’s name, home employ contractors or business affiliation labor at overtime or explain the reason for such party’s visit other premium pay rates or to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with incur any of Tenant’s productions being staged at the Music Hall other overtime costs or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedadditional expenses whatsoever.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Digimarc CORP)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings Landlord to erect, use and maintain concealed ductsMaintain pipes, pipes ducts and conduits in and through the Ancillary SpaceLeased Premises, provided such use does not cause the usable area same are installed and concealed behind the walls, floor or ceiling of the Ancillary Space to be reduced beyond a de minimis amountLeased Premises, or are otherwise concealed. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective 's agents shall have the right to enter and pass through the Leased Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) times to examine the Premisessame, (ii) and to show the Premises them to mortgagees, ground lessors, prospective purchasers, Mortgagees purchasers or Lessors lessees or mortgagees of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the PremisesBuilding, and (iii) to make such repairs, alterations improvements or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and desirable. Landlord shall be allowed to take all material into the into, upon and through said Leased Premises that may be required therefor without the same constituting an eviction of Tenant, in whole or in part, and the rent reserved shall in no wise xxxxx while said repairs, improvements or additions are being made, by reason of loss or interruption of business of Tenant or otherwise. Landlord shall make all repairs, improvements or additions promptly and without undue delay and, upon completion thereof, shall forthwith remove all materials, tools and other items that have been brought to the Leased Premises for the performance purpose of such work repairs, improvements or additions. If during the last (3) months of the Term, Tenant shall have removed all or substantially all of Tenant's Property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Leased Premises without elimination or abatement or rent, or incurring liability to Tenant for any compensation, and such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and permit an entry into the Leased Premises at any time when, for any reason, an entry therein shall be necessary or permissible, and an authorized official of Tenant is not available, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agent liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations and covenants of this Lease.
(b) Landlord shall have the right at any time, without the same constituting an actual or constructive eviction of Tenant in whole or in part and without incurring any abatement liability to Tenant therefor, to change the arrangement or location or entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets or other public parts of Rent; provided the Building, provided, however, that Landlord shall use reasonable efforts to remove those materials which are not required to remain make no change in the Premises between such work sessionsarrangement or location of entrances or passageways or other public parts of the Building which will materially adversely affect Tenant's entrance, use, and enjoyment of the Leased Premises. Any party who accompanies Landlord shall also have the right, at any time, to place appropriate signs and lettering on any or all entrances to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation Building, and to disclose such party’s change the name, home number or business affiliation or explain designation by which the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which Building is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedcommonly known.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage Subject to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairsterms set forth below, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, times (i) to examine perform the Premisesservice, maintenance, and repair obligations of Landlord under Section 10.3 and other provisions of this Lease, (ii) to inspect and monitor Tenant’s compliance with Applicable Legal Requirements and the terms of this Lease, (iii) for purposes described in Sections 2.3, 9.4, 10.3 and/or 10.4, as applicable, (iv) to show the Premises to prospective purchasersand actual buyers, Mortgagees or Lessors of the Buildings investors, and their respective agents and representatives or otherslenders at any time or, and, during in the last 12 eighteen (18) months of the TermTerm (as the same may have been extended from time to time), to prospective lessees tenants; or (v) for any other purpose Landlord reasonably deems necessary, in a manner consistent with the operation of a first-class laboratory/office building, in connection with the exercise of Landlord’s rights and obligations under this Lease. Except in cases of (x) regularly scheduled services provided under Section 10.3 (e.g., standard office cleaning services under Exhibit E) or (y) emergency or a risk to health or safety, any entry into the Premises under this Section 9.6 shall require at least two (2) business days’ prior notice (which notice may be made by email to Tenant’s Designated Representative, as defined below) and shall be made during normal business hours (unless otherwise scheduled by mutual agreement). Landlord shall cooperate with Tenant to schedule any such entry and activity at a time designed to reduce any inconvenience to Tenant’s business operations in the Premises. Tenant shall have the right to have a representative of Tenant accompany Landlord during any such entry, but entry shall not be prohibited if Tenant fails to provide an accompanying representative. However, in case of emergency, Landlord may enter any part of the PremisesPremises with such notice as is reasonably practicable or without prior notice if notice is impracticable and without Tenant’s representative, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as if necessary. During Landlord’s non-emergency access to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to shall comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed reasonable security provisions required by Tenant to take all material into preserve the Premises that may be required for the performance confidential nature of such work without the same constituting an actual or constructive eviction of Tenant information in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to whatever form maintained within the Premises. Except Notwithstanding the foregoing, or anything to the contrary set forth herein, for safety, security, confidentiality or compliance with law purposes, Tenant may designate certain limited areas within the Premises (e.g., laboratory areas, clean rooms, or IT rooms) as “Restricted Access Are as” as shown on plans provided by Tenant to Landlord (as updated by Tenant as reasonably necessary in the case of an emergency, future) to which Landlord and related parties shall not enter have access except in an emergency or as otherwise reasonably necessary and then only in accordance with a mutually agreed-upon plan to protect Tenant’s reasonable concerns regarding safety, security and confidentiality, provided that such Restricted Access Areas shall be reasonably identified and necessary to protect the health of persons or security of confidential and proprietary information. “Tenant’s Designated Representative” shall mean (a) a person with an office at the Premises during times that would identified by Tenant in writing (aawhich may be made by email) interfere with any to Landlord from time to time as the primary point of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of contact for Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or and (b) the health and safety on-site supervisor of occupants or invitees of the Premises are threatenedTenant’s private security, if any, that is then on duty. Tenant shall provide Landlord shall, to the extent practicable, perform with a phone number for Tenant’s Designated Representative with any notice designating such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor wallsperson, and doors any change in the identification of Tenant’s Designated Representative shall take effect two (2) business days following delivery of such notice to Landlord and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairits property manager.
Appears in 1 contract
Samples: Lease Agreement (Cerevel Therapeutics Holdings, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. 10.1 Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to may enter the Premises at all reasonable times, upon reasonable one (1) day’s prior notice to Tenant (which notice may be oral) except in the case of in an emergency, (iin which case, no notice shall be required) to examine to: inspect the Premises, (ii) to show same; exhibit the Premises same to prospective purchasers, Mortgagees lenders or Lessors of the Buildings and their respective agents and representatives or others, and, (during the last 12 twelve (12) months of the Term, ) tenants; determine whether Tenant is complying with all of its obligations under this Lease; supply services to prospective lessees be provided by Landlord to Tenant under this Lease; post notices of non-responsibility; and make repairs or improvements in or to the Building or the Premises; provided, however, that all such work shall be done as promptly as reasonably possible and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, so as to the Premisescause as little interference to Tenant as reasonably possible (provided further, only as are reasonably necessary)however, (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and that Landlord shall be allowed have no obligation to take all material into the Premises that may be required for employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever unless Tenant agrees to bear any increased cost to Landlord associated with the performance of such work without on such basis). Tenant shall have the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided right to require that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (during any such entry provided Tenant makes that such a representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of is available following Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
one (c1) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used day’s advance written request for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesentry, and Landlord shall have the right to enter without a representative of Tenant if Tenant fails to make such a representative available; the foregoing provisions will not apply in the event of emergency. Landlord shall use thereof and access thereto through commercially reasonable efforts to ensure that the performance of any such work of repairs or alterations shall not unreasonably interfere with Tenant’s use of the Premises for Tenant’s business purposes. To the purposes extent that Landlord installs, maintains, uses, repairs or replaces pipes, cables, ductwork, conduits, utility lines, and/or wires through hung ceiling space, exterior perimeter walls and column space, adjacent to and in demising partitions and columns, in or beneath the floor slab or above, below, or through the Premises, then after making any such installation or repair: (x) Landlord will not have reduced Tenant’s usable space, except to a de minimus extent, if the same are not installed behind existing walls or ceilings; (y) Landlord shall box in any of Building operationthe same installed adjacent to existing walls with construction materials substantially similar to those existing in the affected area(s) of the Premises; and (z) Landlord shall repair all damage caused by the same and restore such area(s) of the Premises to the condition existing immediately prior to such work. Tenant hereby waives any claim for damages for any injury or inconvenience to, maintenanceor interference with, alteration Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned by such entry; provided, however, that nothing contained herein shall be construed to waive any liability of Landlord for personal injury and/or property damage resulting from Landlord’s (or Landlord’s employees’, agents’; or contractors’) gross negligence or willful misconduct. Landlord shall at all times have and repair.retain a key with which to unlock all of the doors in, on or about the Premises (excluding Tenant’s Secured Areas), and Landlord shall have the right to use any and all means by which Landlord may, in good faith, deem proper to open such doors to obtain entry to the Premises, and any entry to the Premises obtained by Landlord by any such means, or otherwise, shall not under any circumstances be deemed or construed to be a forcible or unlawful entry into or a detainer of
Appears in 1 contract
Samples: Lease Agreement (PagerDuty, Inc.)
Landlord’s Access. Tenant hereby grants to Landlord and its engineers, architects, contractors, representatives, consultants, advisors and other employees and agents (acollectively, “Representatives”) a temporary, nonexclusive license and permission to enter upon the Premises at reasonable times on a business day or days for the purpose of conducting a noninvasive exploratory examination of chase ways, mechanical systems, and structural elements of the Building or Premises, provided Landlord shall: (i) in all events give at least seventy-two (72) hours’ telephonic advance notice to Tenant so that Tenant shall permit Landlord, Landlordhave a reasonable opportunity to have a representative present; (ii) not unreasonably interfere with Tenant’s agents, utility companies and other service providers servicing ability to achieve the Buildings to erect, Surrender Condition and/or the use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area or operation of the Ancillary Space Premises; (iii) comply with Tenant’s security requirements; and (iv) provide Tenant with insurance certificate(s) for each of the Representatives naming Tenant as loss payee and additional insured. While at the Premises, Landlord shall comply and will cause any of its Representatives to comply with all applicable governmental laws and regulations. In furtherance of the foregoing, all entry shall be reduced beyond a de minimis amountconducted outside of Tenant’s business hours and all such entry shall be limited to no more than two (2) hours on the date of entry. Landlord shall promptly repair immediately restore and/or clean any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant Landlord or its Representatives to this Article; in making such repairs, substantially the same condition as existed prior to its access and Landlord shall use high quality materials indemnify, defend and perform such repairs hold harmless Tenant of and from any and all claims and/or liabilities which Tenant may suffer or be subject by reason of or in a first class any manner and shall, relating to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityaccess; provided, however, that Tenant shall not be entitled to indemnification hereunder because of, and Landlord shall not be allowed to take all material into liable or responsible for, (a) the Premises that may be required for the performance discovery of such work without the same constituting an actual any pre-existing condition or constructive eviction of Tenant in whole other fact or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises circumstance during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees its inspections of the Premises are threatenednot caused or exacerbated by Landlord or its Representatives, Landlord shall, to or (b) the extent practicable, perform such obligation on an overtime basis until access is restored gross negligence or such threat is removedintentional misconduct of Tenant.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) Landlord shall be entitled at all reasonable times and upon reasonable notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease to make or which Landlord considers necessary or desirable; provided, Landlord shall comply with all law in respect of any such entry; Landlord may require Tenant provide an accompanying staff member or employee with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, and (iii) subject to make such repairs, alterations or additions any applicable limitations required by Colorado revised statute laws and/or Colorado Department of Revenue’s Marijuana Enforcement Division regulations. Although Landlord shall not have the right to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to place “For Lease” signs in the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into upon the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees exterior of the Premises are threateneditself, Landlord shallnothing herein shall limit Landlord’s rights to promote, to the extent practicableadvertise, perform such obligation on an overtime basis until access is restored place “For Lease” signs or such threat is removed.
(c) All parts (except surfaces facing the interior otherwise market leasing of the PremisesProperty in whatever lawful manner Landlord may elect, as long as such manner(s) of all walls, windows and doors bounding do not materially interfere with the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Landlord’s Access. (a) 20.01 Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings Landlord to erect, use use, maintain and maintain concealed repair pipes, ducts, pipes cables, conduits, plumbing, vents and conduits in wires in, to and through the Ancillary SpaceLeased Property and staging, provided such use does not cause scaffolding, protective sidewalk coverings, and the usable area like in and around the exterior of the Ancillary Space Facility, including, without limitation, near the entrance to the Premises, in connection with interior and exterior renovations and repairs and construction by Landlord as and to the extent that Landlord may now or hereafter deem to be reduced beyond a de minimis amountnecessary or appropriate for the proper operation and maintenance of the Facility or to the extent necessary to accommodate the requirements of other tenants. All such work shall be done, so far as practicable in the good faith judgment of Landlord, in such manner as to avoid unreasonable and unnecessary interference with Tenant’s use of the Leased Property but shall not be required to be done on an overtime or expedited basis and in no event whatsoever shall Tenant be entitled to any compensation therefor or to make any claim of constructive eviction. Landlord shall promptly repair indemnify, defend (with counsel reasonably acceptable to Tenant) and hold harmless Tenant from and against any claim, cost, expense, liability or obligation to the extent arising from damage to the Ancillary Space property or Tenant’s Property injury to person directly caused by Landlord in connection with any work performed by Landlord pursuant to this Article; in making provision, but such repairs, obligation to Landlord shall use high quality materials and perform such repairs not include any punitive or consequential damages, or any damages suffered or incurred by Tenant in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions connection with any interruption of the Ancillary Space or disruption of Tenant’s Property, as applicablebusiness or occupancy.
(b) Landlord, any Lessor or Mortgagee 20.02 Landlord and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, in which event notice shall not be required, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees purchasers or Lessors mortgagees of the Buildings Facility and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises Leased Property or the Buildings Facility (without any obligation to do so) (A) as Landlord may reasonably deem necessary or desirable (except thatdesirable, as to the Premises, only as are reasonably necessary), or (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, perform and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedpart.
(c) 20.03 All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems facilities and Music Hall facilities) Facility systems are not part of the PremisesLeased Property, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building Facility operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. 10.01 Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to may enter the Premises at all reasonable timesto inspect, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show or clean the Premises or to prospective purchasers, Mortgagees perform or Lessors facilitate the performance of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or any portion of the Buildings (A) as Building. Except in emergencies or to provide Building services, Landlord shall provide Tenant with reasonable prior verbal notice of entry and shall use reasonable efforts to minimize any interference with Tenant's use of the Premises. If reasonably necessary, Landlord may reasonably deem necessary temporarily close all or desirable (except that, as to a portion of the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect Premises to perform following Tenant’s failure repairs and alterations. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Building Business Hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to performan abatement or reduction of Rent.
10.02 Landlord has the right at any time to (a) change the name, number or designation by which the Building is commonly known, or (Cb) alter the Building to comply with any Requirements which are Landlord’s responsibilitychange the arrangement or location of entrances or passageways, doors and doorways, and Landlord shall be allowed to take all material into corridors, elevators, stairs, toilets, or other public parts of the Premises that may be required for the performance of Building and/or Property without any such work without the same acts constituting an actual or constructive eviction of Tenant in whole or in part and without incurring any abatement liability to Tenant, so long as such changes do not deny Tenant reasonable access to the Premises. Without limiting the generality of Rent; provided that the foregoing, Landlord shall have the right to erect and maintain sidewalk bridges and/or scaffolding on or about the Premises and/or the Building. Landlord shall use reasonable efforts to remove those materials which are not required to remain in minimize interference with Tenant's use and occupancy of the Premises between during the making of such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (changes or alterations, provided Tenant makes such representative available) but that Landlord shall have no obligation to disclose such party’s name, home employ contractors or business affiliation labor at overtime or explain the reason for such party’s visit other premium pay rates or to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with incur any of Tenant’s productions being staged at the Music Hall other overtime costs or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedadditional expenses whatsoever.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Summit Wireless Technologies, Inc.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s 's agents, utility companies and other service providers servicing the Buildings Building to erect, use use, maintain, repair and maintain replace concealed ducts, pipes pipes, lines and conduits in and through the Ancillary SpacePremises, provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s 's Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Building and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of premises in the PremisesCenter, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)desirable, (B) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease (Sports Club Co Inc)
Landlord’s Access. Subject to Landlord’s compliance with Tenant’s reasonable security measures as well as State of Maine required procedures with respect to Landlord’s access to the Leased Premises (a) “Tenant’s Access Requirements”), Landlord shall be entitled, during normal business hours, and upon reasonable advance notice to enter the Premises to examine them and to make such repairs, alterations, or improvements thereto as Landlord is required by this Lease; provided, Landlord shall comply with all law in respect of any such entry; Tenant or a representative thereof must accompany Landlord staff members or employees with any such entry; Landlord will honor any specifically closed-off areas as may be required by law for security and safety; but Landlord may nonetheless act as prudent and necessary in case of emergency. Tenant shall permit Landlordnot unduly obstruct any pipes, Landlord’s agentsconduits, utility companies and or mechanical or other service providers servicing the Buildings electrical equipment so as to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountprevent reasonable access thereto. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to exercise its rights under this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shallsection, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s PropertyPremises. Subject to the foregoing, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, during normal business hours and upon reasonable advance notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuildings, and, during the last 12 six (6) months of the TermTerm or any renewal thereof, to show them to prospective lessees tenants. Landlord will have the right at all times to enter the Premises with Tenant or licensed individual(s) on behalf of the Tenant to escort the Landlord in the event of an emergency affecting the Premises, subject to any applicable limitations required by Maine revised statue laws and/or Maine Office of Marijuana Policy regulations. Although Landlord shall not have the right to place “For Lease” signs in the Premises, or upon the exterior of the Premises itself, nothing herein shall limit Landlord’s rights to promote, advertise, place “For Lease” signs or otherwise market leasing of the Property in whatever lawful manner Landlord may elect, as long as such manner(s) do not materially interfere with the Tenant’s use of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes and conduits in and through existing columns, and below the Ancillary Space, floor and above the ceiling of the Premises provided such use does not (i) cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount; (ii) create an unsightly appearance compared to Comparable Buildings; or (iii) reduce the services provided by Landlord pursuant to Article 10 hereof. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord and any other party designated by Landlord shall have the right to enter the Premises at any time in the case of an emergency (i.e., an imminent danger to persons or property) and for maintenance and repair work that does not unreasonably interrupt Tenant’s business. Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in oral but not less than one Business Day preceding the case date of emergency, (ithe non-emergency access or the aforementioned maintenance and repair work) to examine the Premises, (ii) to perform Restorative Work to the Premises or the Building, to show the Premises to prospective purchasers, Mortgagees or Lessors of and during the Buildings eighteen (18) month period preceding the Expiration Date, prospective tenants, and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Base Building Systems, Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairrepair consistent with the provisions of this Lease.
(d) In connection with any entry within the Premises by Landlord under this Lease, Landlord shall use commercially reasonable efforts to minimize the disruption to the use of the Premises by Tenant or any Tenant Party. To the extent that Landlord is performing any Restorative Work, or any alterations, repairs or changes to any of the Building systems or components permitted under this Lease for which Landlord (and not Tenant) is responsible, Landlord agrees that all such work, alterations, repairs or changes shall be done in an expeditious and diligent manner, and that upon completion thereof, Landlord shall restore the affected area and any improvements therein (excluding personal property) substantially to their “as was” condition, subject to reasonable wear and tear. Tenant may elect to have its designee accompany Landlord, its agents or representatives while in the Premises; provided, however, that (a) in the event of an emergency, Landlord not be required to be accompanied by any such designee and (b) Tenant’s failure to make its designee available at the time of Landlord’s entry shall not prevent Landlord, its agents or representatives from entering the Premises.
(e) Notwithstanding anything contained herein to the contrary, upon giving Landlord at least thirty (30) days prior written notice, Tenant shall have the right to designate certain areas located entirely within the Premises which areas (x) are subject to a protective order of a court; (y) are required by Requirements to be secured; or (z) contain Tenant’s financial records, product development files, accounting files, employee benefit files, and/or personnel files, as secured access areas (each, a “Secured Access Area”). Except to the extent as may be required by applicable Requirements, Landlord shall not have keys to any such Secured Access Area, provided (I) Tenant’s written notice includes a copy of the floor plan clearly designating the Secured Access Area, and (II) at the time of Tenant’s written notice Tenant provides Landlord with the names and all contact information of those persons designated by Tenant to enable Landlord to access the Secured Access Areas (each, an “Access Representative”). At least two (2) Access Representatives (one primary and one backup person) shall be available to Landlord twenty-four (24) hours a day, seven (7) days a week, each day of the year as follows: during Business Hours, at least one (1) Access Representative shall be immediately available to Landlord, and, during non-Business Hours, at least one (1) Access Representative shall be available within four (4) hours after being contacted. Tenant shall provide Landlord with current information concerning each such Access Representative as the same may change from time to time. Except in the event of an emergency or other extraordinary circumstance (in which case Landlord may enter the Secured Access Area without an Access Representative, and, if necessary, Landlord may so enter by breaking down the doors or by other forcible means and shall suffer no liability to Tenant whatsoever therefor), no agent or employee of Landlord shall enter any Secured Access Area without (A) reasonable advance oral or written notice to Tenant and unless accompanied by an Access Representative who Tenant shall make available to Landlord in accordance with this Section or (B) some other mutually satisfactory arrangement with Tenant having been made. Tenant shall pay, within ten (10) days after request therefor, all costs incurred by Landlord in connection with Landlord’s compliance with this Section, including, without limitation, any overtime or additional charges for services or repair work not performed at the customary times or in the customary manner. In addition, Landlord shall be under no obligation whatsoever, notwithstanding anything to the contrary contained in this Lease, to perform any cleaning, maintenance or repair work to any Secured Access Area to which Landlord is not given reasonable access at the time such cleaning, maintenance or other repair work is being performed for the balance of the Premises, and there shall be no reduction or credit in rent or additional rent under this Lease as a result thereof.
Appears in 1 contract
Samples: Deed of Lease (FBR & Co.)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by 32.1 Landlord and their respective Landlord's agents shall have the right to enter the Premises at all reasonable times, upon reasonable advance notice (which notice may be oral) except in the case event of an emergency) and subject to Tenant's reasonable security measures, (i) to examine for the Premisespurpose of inspecting the same, (ii) to show performing any services required of Landlord, showing the Premises same to prospective purchasers, Mortgagees lenders, or Lessors of the Buildings and their respective agents and representatives or others, and, lessees (during the last 12 nine (9) months of the Term), to prospective lessees of the Premisestaking such measures, and (iii) to make erecting such scaffolding or other necessary structures, making such alterations, repairs, alterations improvements or additions to the Premises or to the Buildings (A) Building as Landlord may reasonably deem necessary or desirable (except thatand the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as to long as there is no unreasonable interference with Tenant's use of the Premises. Landlord may at any time place on or about the Premises, only as are reasonably necessary), (B) which the Building or the Building "For Sale" signs and Landlord may reasonably elect at any time during the last one hundred twenty (120) days of the term place on or about the Premises "For Lease" signs.
32.2 All activities of Landlord pursuant to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, Paragraph 32 shall be without abatement of Rent and Landlord shall be allowed not have any liability to take all material into the Premises that may be required Tenant for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that same.
32.3 Landlord shall use reasonable efforts have the right to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord retain keys to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation and to disclose such party’s nameunlock all doors in or upon the Premises other than files, home or business affiliation or explain the reason for such party’s visit to the Premises. Except vaults and safes, and in the case of an emergency, Landlord shall not emergency to enter the Premises during times that would (aa) interfere with by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedeviction.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Capital Bank Corp)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s its agents, utility companies contractors, consultants and other service providers servicing the Buildings to erectemployees, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall will have the right to enter the Premises at all reasonable times, upon reasonable any time without notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, and otherwise at reasonable times upon at least twenty-four (24) hours telephonic notice (except for access in connection with providing Building standard janitorial services to the Premises after normal business hours which shall not require any such notice) to examine the Premises, perform work in or clean the Premises, inspect any Tenant Alterations and/or any Tenant Improvements, show the Premises (provided, however, so long as Tenant is not in Default under the Lease, Landlord shall only show the Premises to prospective tenants during the last six (6) months of the Term), exercise any right or remedy, or for any other reasonable purpose. For each of these purposes, Landlord will at all times have and retain any necessary keys. Tenant will not enter alter any lock or install new or additional locks or bolts on any door in or about the Premises without obtaining Landlord’s prior written approval and will, in each event, furnish Landlord with a new key. Access by Landlord will not give Tenant the right to terminate this Lease, and will be without abatement of rent or liability on the part of Landlord or any Landlord Related Parties; provided, however, Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during times that would (aa) interfere Landlord's actions in connection with any of Tenant’s productions being staged at this provision. Subject to the Music Hall or (bb) threaten the health or safety of occupants or invitees other terms and conditions of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Landlord shall provide Tenant is either denied with reasonable access to the Premises or and the health and safety of occupants or invitees Common Areas of the Premises are threatenedBuilding twenty-four (24) hours a day, Landlord shallthree hundred sixty-five (365) days per year. Notwithstanding the foregoing, Tenant acknowledges and agrees that repairs, hazardous conditions and other circumstances beyond Landlord's control may prevent access to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior Common Areas of the Premises) of all walls, windows Building and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repairfrom time to time.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable timestimes to show the Premises to potential buyers, investors or other parties (but if to tenants, then only within the final twelve (12) months of the Term); to inspect and conduct tests in order to monitor Tenant’s compliance with Legal Requirements governing Environmental Substances; for purposes described in Sections 2.01, 9.04 and/or 10.04(b) or for any other purpose Landlord reasonably deems necessary. Landlord shall give Tenant prior notice (which may be oral) of such entry and shall not enter the Clean Room or Tenant’s technical areas (if Tenant has previously notified Landlord in writing of the location and extent of such technical areas) unless accompanied by Tenant’s representative (whom Tenant shall promptly provide). Landlord acknowledges that, as of the Date of Lease, Tenant has notified Landlord that Tenant’s representative must accompany Landlord prior to any Landlord entry into any of the laboratory areas delineated on Exhibit E as “Technical Areas”.
(b) In addition to the provisions set forth in Section 9.06(a), any access to Tenant’s Clean Room during a period in which the Clean Room is in use for production or validation purposes shall be (i) scheduled so as to minimize cost, expense and interference to Tenant, to the extent reasonably practicable for Landlord, (ii) limited to the extent required by applicable law to individuals who have received applicable “Good Manufacturing Practice” training, which training shall be provided, or arranged, by Tenant at a location in the New Haven area at no cost to Landlord during regular business hours and in a manner that does not unduly delay such access, and (iii) if such access is reasonably likely to result in an interruption of Tenant’s production or validation activities in the Clean Room, shall require that Landlord give at least 30 days prior written notice (“Landlord Access Notice”) of the anticipated date of such entry, and no less than 14 days notice of the actual date of such entry. Notwithstanding the provisions of Section 17.05 of this Lease to the contrary, Landlord’s notices pursuant to the foregoing sentence may by given by e-mail or facsimile (at the e-mail address or facsimile number designated pursuant to Section 6.01(e) of this Lease) provided that, in either event, automated confirmation of delivery is received by Landlord. Landlord shall use good faith efforts to verbally confirm that Tenant has received any notice sent by e-mail or facsimile pursuant to the immediately preceding sentence by calling Xxx Xxxxx at 000-000-0000 (which person and phone number are subject to change upon written notice to Landlord), provided, however, that Landlord’s failure to confirm such notice verbally shall not be deemed to invalidate the applicable e-mail or facsimile notice. Within five (5) business days following Tenant’s receipt of any Landlord Access Notice, Tenant shall notify Landlord if, in fact, production or validation will be taking place in the Clean Room during the period specified in the Landlord Access Notice. Tenant’s failure to respond to the Landlord Access Notice shall be deemed to be notice to Landlord that production or validation will be taking place during such period.
(c) However, in case of emergency threatening life, safety or property, Landlord may enter any part of the Premises (including the Clean Room, whether or not in use for production) without prior notice or being accompanied by Tenant’s representative, or otherwise being subject to the provisions of this Section 9.06(b), provided that Landlord make reasonable notice efforts to notify Tenant (which notice may be oraltelephonic) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedentry promptly thereafter.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Alexion Pharmaceuticals Inc)
Landlord’s Access. Landlord recognizes and understands that Tenant's business is such that it regularly handles patented, prxxxxxxary technology under development, which includes, without limitation, products that are highly sensitive to contamination and changes in temperature. In this regard, Landlord's entry into the Property shall be governed strictly bx xxx xxovisions of this paragraph to protect against contamination of Tenant's work product. In this regard, Landlord shall: (a1) entex xxx Property only after no less than twenty-four hours' written notice is delivered to Tenant, and only during Tenant's normal business hours; (2) enter and inspect the Property accompanied at all times by a representative of Tenant; and (3) keep in strictest confidence any and all information it learns regarding Tenant's business. In the case of a bona-fide emergency that pxxxx xn immediate and material threat to safety or property values (such as a fire or burst water pipe), Landlord may enter the Property without the twenty-four hour notice provided for herein, outside of Tenant's normal business hours, and without a representative of Tenant, so long as Landlord first attempts to notify Tenant of its intent to enter by first telephoning Tenant at its emergency contact number and then paging Tenant through its emergency pager system (Tenant shall permit Landlord, Landlord’s agents, utility companies notify Landlord of its emergency contact number and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amountnumber of its pager system, and any changes thereto). Landlord shall promptly repair any damage instruct its employees and agents to comply at all times with the provisions of this paragraph. Any failure on the part of Landlord, its agents or employees to comply with the provisions of this Paragraph shall constitute a default by Landlord under this Lease. Subject to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to limitation contained in this Article; in making such repairsparagraph, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective its agents shall have the right to may enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) Property to show the Premises Property to prospective purchaserspotential buyers, Mortgagees investors or Lessors tenants or other parties; or to inspect and conduct tests in order to monitor Tenant's compliance with all applicable environmental laws and all laws governing the presence and use of Hazardous Material; or for any other purpose Landlord deems necessary in the exercise of its reasonable discretion. During the last six months of the Buildings Lease (and their respective agents and representatives or others, andif Tenant has exercised a renewal option, during the last 12 six months of the Term, to prospective lessees of the Premises, and (iiirenewal period) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary place customary "For Sale" or desirable (except that, as to "For Lease" signs on the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedProperty.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Landlord’s Access. (a) With the prior written consent of Tenant in each instance, which consent shall not be unreasonably withheld or delayed, Landlord may erect, use, and maintain pipes, conduits and other elements of the Building mechanical, electrical and life safety systems in, through and adjacent to walls, partitions and columns of the Premises, provided that the work shall be concealed behind, beneath or within partitioning, columns, ceilings or floors or, where the same cannot be so concealed, completely furred at points immediately adjacent to partitioning, columns or ceilings and that Landlord shall repaint and repair all damage caused thereby, and further provided that the same do not interfere with Tenant's use of the Premises or decrease the usable area of any floor of the Premises to greater than a de minimis extent. Tenant shall permit Landlord, Landlord’s agentsand its authorized representatives, utility companies upon reasonable prior notice to Tenant and other service providers servicing the Buildings with Tenant to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to have a representative accompanying Landlord and Landlord's representatives, to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in times during Normal Business Hours for the case purpose of emergency, (i) to examine inspecting the Premisessame, (ii) posting notices of non-responsibility in connection with work to show be performed by Tenant, (iii) making any repairs to the Premises required to be made under this Lease, (iv) performing work that may be necessary to comply with any laws, ordinances or governmental rules or regulations, or that may be necessary to prevent waste or deterioration, and (v) showing the Premises to prospective mortgagees, purchasers, Mortgagees or Lessors of the Buildings ; and their respective agents and representatives or others, and, during the last 12 sixteen (16) months of the Term, to prospective lessees tenants. All rights of the Premises, and (iii) to make such repairs, alterations or additions to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord hereunder shall be allowed exercised in a reasonable manner, upon reasonable notice and so as not to take all material into the Premises that may be required for the performance of such work without the same constituting cause unreasonable interference with Tenant's business, except in an actual or constructive eviction of Tenant emergency (in whole or in part and without any abatement of Rent; provided that which event, Landlord shall use reasonable efforts diligence to remove those materials which are not required to minimize the amount of time Landlord or its representatives remain in the Premises between such work sessionsand to minimize interference with Tenant's business). Any party who accompanies So long as Landlord to acts reasonably under the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencycircumstances, Landlord shall not enter the Premises during times that would (aa) interfere with any be liable to Tenant for diminution of rental value, inconvenience, annoyance or injury to Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.'s
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, 's agents and utility companies and other service providers servicing the Buildings to Building may erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicableARTICLE 14.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees Mortgages, Lessors or Lessors of the Buildings tenants and their respective agents and representatives or others, others and, during subject to the last 12 months terms of the TermSECTION 6.3, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions perform Restorative Work to the Premises or the Buildings (A) as Building. Landlord may reasonably deem necessary or desirable (except agrees that, as to the Premisesexcept in case of emergency, it shall only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material bring into the Premises sufficient materials for that may day's work. Except in case of emergency, no material shall be required for the performance stored in any portion of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to which will interfere with the Premises shall be accompanied by a representative conduct of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or Tenant's business affiliation or explain the reason for such party’s visit to in the Premises. Except in During any such entry into the case of Premises pursuant to this Section 14.1(b), Tenant shall have the right (unless such entry is necessitated by an emergency, Landlord shall not enter ) to have a representative accompany the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of party entering the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and upon reasonable prior notice (which notice may be oral) except in the case of emergency access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair. Landlord has the right at any time to (a) change the name, number or designation by which the Building is commonly known, or (b) alter the Building to change the arrangement or location of or remove entrances or passageways, concourses, plazas, doors and doorways, and corridors, elevators, stairs, toilets, or other public parts of the Building without any such acts constituting an actual or constructive eviction and without incurring any liability to Tenant, so long as such changes or removal do not reduce, interfere with or deprive Tenant of access to the Premises and the other essential areas of the Building (e.g. service and public areas) to which Tenant has access to any material extent. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises during the making of such changes or alterations and any other work contemplated by this SECTION 14.1, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever, unless such interference (i) materially interferes with access to the Premises, (ii) threatens the health or safety of any occupant of the Premises or (iii) interferes unreasonably with Tenant's ability to conduct its business in the Premises (in which event Landlord shall incur overtime or premium costs, subject to reimbursement pursuant to ARTICLE 7 hereof).
Appears in 1 contract
Samples: Lease (Franklin Resources Inc)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s 's agents, utility companies and other service providers servicing the Buildings Building to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis an immaterial amount. Landlord shall promptly repair any damage to the Ancillary Space Premises or Tenant’s 's Property caused by any work performed pursuant to this Article; . Any pipes, ducts, or conduits installed in making such repairsor through the Premises pursuant to this Section 17.1 shall either be concealed behind, beneath or within then existing partitioning, columns, ceilings or floors located in the Premises, or completely furred at points immediately adjacent to existing partitioning columns or ceilings located in the Premises. Subject to the provisions of Article 4.4, Landlord shall use high quality materials reasonable efforts to minimize interference with Tenant's use and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions occupancy of the Ancillary Space or Tenant’s Property, as applicablePremises during the performance of such work.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Lessors of the Buildings Building and their respective agents and representatives or others, and, and during the last 12 months of the Term, Term to prospective lessees of premises in the Premises, Building and (iii) to make such repairs, alterations or additions to the Premises or the Buildings Building (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary)appropriate, (B) which Landlord may reasonably elect to perform following Tenant’s 's failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityRequirements, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in . During any such entry into the Premises between pursuant to this Section 17.1(b), Tenant shall have the right (unless such work sessions. Any entry is necessitated by an emergency) to have a representative accompany the party who accompanies Landlord to entering the Premises shall be accompanied by a representative of Tenant (provided Tenant makes but the failure to make such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord available shall not affect Landlord's right to enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removedas aforesaid.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications communication closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Building Systems and Music Hall facilities) Building facilities are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease (Advent Software Inc /De/)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Landlord's agents shall have the right to enter the Premises Property at all reasonable timestimes for the purpose of inspecting the same, upon reasonable notice (which notice may be oral) except in posting notices of non-responsibility, showing the case of emergency, (i) to examine the Premises, (ii) to show the Premises same to prospective purchasers, Mortgagees lenders, or Lessors tenants, performing any obligation of the Buildings and their respective agents and representatives or others, and, during the last 12 months Tenant hereunder of the Term, to prospective lessees of the Premiseswhich Tenant is in default, and (iii) to make making such alterations, repairs, alterations improvements or additions to the Premises Property or to the Buildings (A) building of which it is a part as Landlord may reasonably deem necessary or desirable (except thatdesirable, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibilityall without being deemed guilty of an eviction of Tenant and without abatement of rent, and Landlord may erect scaffolding and other necessary structures where reasonably required by the character of any work performed, provided that the business of Tenant shall be allowed interfered with as little as reasonably practicable. Tenant hereby waives any claims for damages for any injury to take all material into or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises that may be required for Property, and any other loss occasioned thereby. For each of the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergencyaforesaid purposes, Landlord shall not enter the Premises during at all times that would (aa) interfere have and retain a key with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees which to unlock all of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Leasedoors in, Tenant is either denied access to upon and about the Premises or the health Property, excluding Tenant's vaults and safety of occupants or invitees of the Premises are threatenedsafes, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premisesif any, and Landlord shall have the right to use thereof any and access thereto through all means which Landlord may deem proper to open said doors in an emergency in order to obtain entry to the Premises for Property, and any entry to the purposes Property obtained by Landlord by any of Building operationsaid means shall not under any circumstances be construed or deemed to be a forceable or unlawful entry into, maintenanceor a detainer of, alteration the Property, or an eviction of Tenant from the Property or any portion thereof. No provision hereof shall be construed as obligating Landlord to perform any repairs, alterations or to take any action not otherwise expressly agreed to be performed or taken by Landlord. Landlord may at any time place on or about the Property any ordinary "For Sale" signs and repairLandlord may at any time during the last one hundred twent (120) days of the term hereof place on or about the Property any ordinary "For Lease" signs, all without rebate of rent or liability to Tenant.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by 29.1 Landlord and their respective agents its authorized representatives shall have the right right, upon reasonable advance notice to Tenant, to enter the Demised Premises at all reasonable timesor any part or parts thereof, upon reasonable notice (which notice may be oral) except in the case during Business Hours, accompanied by a duly authorized representative of emergencyTenant, if Tenant makes such representative available, (i) to examine the PremisesDemised Premises to ascertain if Tenant has performed its obligations under this lease, (ii) to show the Demised Premises to prospective purchaserspurchasers or mortgagees, Mortgagees or Lessors of the Buildings and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions effect repairs to the Demised Premises or pursuant to Landlord's obligations under Article VI of this lease, (iv) during the Buildings period commencing eighteen (A18) as Landlord may reasonably deem necessary or desirable (except that, as months prior to the Premises, only as are reasonably necessaryend of the term of this lease (if Tenant shall not have exercised the applicable option to extend the term pursuant to Article XXII), to show the Demised Premises to prospective tenants and (Bv) which Landlord for the purpose of making such repairs in or to the Demised Premises as may reasonably elect to perform following Tenant’s failure to perform, be provided for by this lease or (C) to comply with any Requirements which are Landlord’s responsibility, and as may be mutually agreed upon by the parties. Landlord shall be allowed to take all material materials into the Demised Premises that may be required for such repairs and actions. Landlord's rights under this Section 29.1 shall be exercised in such manner as to cause the performance least practicable interference with Tenant's use and occupancy of the Demised Premises.
29.2 In addition to Landlord's rights under Section 29.1 above, Landlord and its authorized representatives shall have the right to enter upon the Demised Premises, or any part thereof, at such work times as such entry shall be required by circumstances of emergency affecting the Demised Premises or the safety of its occupants without the same constituting an actual prior notice to Tenant. In such event, Landlord, or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall its authorized representative, shall, if feasible, be accompanied by a duly authorized representative of Tenant (provided Tenant, if Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair.
Appears in 1 contract
Samples: Lease Agreement (Rayovac Corp)
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s employees, agents, contractors and utility companies and other service providers servicing the Buildings to Project may erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, Premises provided such use does not cause the usable area of the Ancillary Space Premises to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property Premises caused by any work performed pursuant to this Article; in making such repairs, Article 14. Landlord shall use high quality materials and perform such repairs in a first class manner and shall, commercially reasonable efforts to minimize interference with the extent practicable, match the then existing finishes in such portions operation of the Ancillary Space or Tenant’s Property, as applicablebusiness in exercising its rights under this Section 14.1(a).
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective agents shall have the right to enter the Premises at all reasonable times, upon reasonable notice of at least twenty-four (24) hours (which notice may be oral) except in the case of emergencyemergency (in which event no notice shall be required), (i) to examine the Premises, (ii) to show the Premises to prospective purchasers, Mortgagees or Mortgagees, Lessors or, during the final nine (9) months of the Buildings initial Term or the Renewal Term, as the case may be, tenants and their respective agents and representatives or others, and, during the last 12 months others and to perform Work of the Term, to prospective lessees of the Premises, and (iii) to make such repairs, alterations or additions Improvement to the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as Project to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that extent necessary under applicable Requirements. Landlord shall use commercially reasonable efforts to remove those materials which are not required to remain minimize interference with the operation of Tenant’s business in exercising its rights under this Section 14.1(b). Landlord, and any third parties entering the Premises between such work sessions. Any party who accompanies Landlord at Landlord’s invitation or request, shall at all times observe Tenant’s reasonable rules relating to the Premises shall be accompanied by a representative of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to security on the Premises. Except Tenant shall have the right, in the case of an emergencyits sole discretion, Landlord shall not enter the Premises during times that would (aa) interfere with to designate a representative to accompany Landlord, or any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of third parties, while they are on the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within in or adjacent to the Music Hall Premises used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems Building Systems, Building facilities and Music Hall facilities) Common Areas are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair. Landlord shall use commercially reasonable efforts to minimize interference with the operation of Tenant’s business in exercising its rights under this Section 14.1(c). Landlord shall promptly repair any damage to the Premises caused by any work performed pursuant to this Article 14.
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing With the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area exception of the Ancillary Space Computer Room (which Computer Room is situated as shown in the Building Plans) for which notice will always be required, Landlord will be entitled at all reasonable times and upon reasonable notice (but no notice is required in an Emergency except as otherwise set forth herein) to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage enter the Premises to the Ancillary Space or Tenant’s Property caused by any work performed pursuant examine them and to this Article; in making make such repairs, alterations, or improvements thereto as Landlord shall use high quality materials and perform such repairs in a first class manner and shallis required by this Lease to make or which Landlord considers necessary or desirable. Tenant will not unduly obstruct any pipes, conduits, or mechanical or other electrical equipment so as to prevent reasonable access thereto. Landlord will exercise its rights under this Section 4.5, to the extent practicablepossible in the circumstances, match the then existing finishes in such portions manner so as to reduce, if practical, interference with Tenant’s use and enjoyment of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Premises. Landlord and their respective its agents shall have the right to enter the Premises at all reasonable times, times and upon reasonable notice (which notice may be oral) except in the case of emergency, (i) to examine the Premises, (ii) to show the Premises them to prospective purchasers, Mortgagees lenders, or Lessors of anyone having a prospective interest in the Buildings and their respective agents and representatives or othersBuilding, and, during the last 12 six months of the Term, to show them to prospective lessees tenants. Landlord may place customary “For Sale” or “For Lease” signs on the Property and, during the last six months of the PremisesTerm, on the Premises and/or the Building, as Landlord deems necessary. Notwithstanding the foregoing to the contrary and with the exception of the designated Computer Room, Landlord will have the right at all times, and (iii) without notice, to make such repairs, alterations or additions to enter the Premises or the Buildings (A) as Landlord may reasonably deem necessary or desirable (except that, as to the Premises, only as are reasonably necessary), (B) which Landlord may reasonably elect to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, and Landlord shall be allowed to take all material into the Premises that may be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord to the Premises shall be accompanied by a representative event of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to an Emergency affecting the Premises. Except in the case of an emergencyFor purposes hereof, Landlord shall not enter the Premises during times that would (aa) interfere with any of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through the Premises for the purposes of Building operation, maintenance, alteration and repair."
Appears in 1 contract
Landlord’s Access. (a) Tenant shall permit Landlord, Landlord’s agents, utility companies and other service providers servicing the Buildings to erect, use and maintain concealed ducts, pipes and conduits in and through the Ancillary Space, provided such use does not cause the usable area of the Ancillary Space to be reduced beyond a de minimis amount. Landlord shall promptly repair any damage to the Ancillary Space or Tenant’s Property caused by any work performed pursuant to this Article; in making such repairs, Landlord shall use high quality materials and perform such repairs in a first class manner and shall, to the extent practicable, match the then existing finishes in such portions of the Ancillary Space or Tenant’s Property, as applicable.
(b) Landlord, any Lessor or Mortgagee and any other party designated by Landlord and their respective Landlord's agents and representatives shall have the right to enter the Premises at all reasonable times, times upon reasonable twenty-four (24) hours prior notice to Tenant (which notice may be oral) except in the case of emergency, emergencies when no notice shall be required): (i) to examine the Premisessupply any service to be provided by Landlord to Tenant under this Lease, (ii) to show the Premises to "LANDLORD'S MORTGAGEE" (as defined in Section 14.01) and to prospective purchasers, Mortgagees or Lessors of the Buildings lenders and their respective agents and representatives or others, and, during the last 12 months of the Term, to prospective lessees of the Premisestenants, and (iii) to make such repairsalter, alterations improve or additions to repair the Premises or and any portion of the Buildings (A) as Building. Landlord may reasonably deem necessary at any time place on or desirable (except that, as to about the Premises, only as are reasonably necessary)the Building, (B) which or the Project "For Sale" signs and Landlord may reasonably elect at any time during the last twelve (12) months of the term place on or about the Premises "For Lease" signs. All activities of Landlord pursuant to perform following Tenant’s failure to perform, or (C) to comply with any Requirements which are Landlord’s responsibility, Section 6.05 shall be without abatement of Rent and Landlord shall be allowed not have any liability to take all material into Tenant for the same. For the purpose of any alterations or repairs, Landlord may erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises that may where reasonably required by the character of the work to be required for the performance of such work without the same constituting an actual or constructive eviction of Tenant in whole or in part and without any abatement of Rent; performed, provided that Landlord shall use reasonable efforts to remove those materials which are not required to remain in the Premises between such work sessions. Any party who accompanies Landlord entrance to the Premises shall not be accompanied by a representative blocked thereby, and the business of Tenant (provided Tenant makes such representative available) but Landlord shall have no obligation to disclose such party’s name, home or business affiliation or explain the reason for such party’s visit to the Premises. Except in the case of an emergency, Landlord shall not be subject to any unreasonable interference or interruption.
(b) If any excavation, substructure or other construction work is made adjacent to, upon or within the Building, or any part thereof, Tenant shall afford to any and all persons causing or authorized to cause such excavation, substructure or construction work license to enter upon the Premises during times that would (aa) interfere with for the purpose of doing such work as such persons shall deem necessary to preserve the Building or any portions thereof from injury or damage and to support the same by proper foundations, braces and supports without any claim for damages or indemnity or abatement of any rentals, or of a constructive or actual eviction of Tenant’s productions being staged at the Music Hall or (bb) threaten the health or safety of occupants or invitees of the Premises. If by reason of Landlord’s failure to perform an obligation which is imposed on Landlord under this Lease, Tenant is either denied access to the Premises or the health and safety of occupants or invitees of the Premises are threatened, Landlord shall, to the extent practicable, perform such obligation on an overtime basis until access is restored or such threat is removed.
(c) All parts (except surfaces facing the interior of the Premises) of all walls, windows and doors bounding the Premises, including exterior Building walls, exterior core corridor walls, and doors and entrances (other than doors and entrances solely connecting areas within the Premises), all balconies, terraces and roofs adjacent to the Premises, (other than all space within the Music Hall used for shafts, stacks, risers, fan rooms, electrical and communications closets, stairways, mail chutes, conduits and other mechanical facilities, Independent Systems and Music Hall facilities) are not part of the Premises, and Landlord shall have the use thereof and access thereto through right to retain keys to the Premises and unlock all doors in or upon the Premises other than files, vaults, and safes, and in the case of emergency to enter the Premises by any reasonably appropriate means, and any such entry shall not be deemed a forcible or unlawful entry or detainer of the Premises or an eviction. Tenant waives any charges for the purposes of Building operationdamages or injuries or interference with Tenant's property or business in connection therewith, maintenance, alteration and repairprovided that Landlord takes reasonable steps to safeguard Tenant's property.
Appears in 1 contract
Samples: Office Lease (E Sync Networks Inc)