Common use of Landlord’s Construction Clause in Contracts

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 4 contracts

Samples: Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.), Attornment Agreement (AltheaDx, Inc.)

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Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair repair, or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, Premises and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildingsbuildings (including the Adjacent Building), parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's commercially reasonable actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as provided in Section 6.5 above). Subject to Except as provided in Section 6.7 above and Landlord’s indemnity obligations in this Lease6.5 above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction; provided, however, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises as a result of such Renovations.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, . Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildingsbuildings (including the Adjacent Building), parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord Landlord, (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect temporary scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the BuildingBuilding and/or Real Property, provided, however, that Tenant shall always have reasonable access to the Other Existing Buildings and/or Premises and those portions of the ProjectParking Facilities designated from time to time by Landlord for parking for Tenant's employees. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's commercially reasonable actions in connection with such Construction Construction, shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as provided in Section 6.5 above). Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction Construction- or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction; provided, however. Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises and the Building (including Tenant's business conducted from the Premises and Tenant's access to the Parking Facilities) as a result of such Renovations.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s Landlord 's sole election, such other buildingsbuildings (including the Adjacent Building), parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s Landlord 's commercially reasonable actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as provided in Section 6.5 above). Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from front such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction; provided, however, Landlord agrees to perform such Construction so as to minimize any material and adverse interference with Tenant's permitted use of the Premises.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will may be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, Buildings and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”"CONSTRUCTION"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as provided in Section 6.5 above); however, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises in connection with such Construction. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction; however, Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises as a result of such Construction.

Appears in 2 contracts

Samples: Nondisturbance and Attornment Agreement (Websense Inc), Nondisturbance and Attornment Agreement (Websense Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition maintenance work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, temporary limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 aboveExcept as otherwise provided herein, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent; provided Landlord takes all measures so as to not unreasonably interfere with Tenant (and provided Landlord does not interfere with Tenant’s lab work), and provides Tenant with reasonable advance notice (no less than ten (10) days) of any Construction to be undertaken (except in the event of an emergency (in which case Landlord will provide notice as soon as reasonably possible)). Subject to Except as provided in Section 6.7 above and Landlord’s indemnity obligations in this Lease6.4, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction; provided Landlord takes all measures so as to not unreasonably interfere with Tenant (and provided Landlord does not interfere with Tenant’s lab work), and provides Tenant with reasonable advance notice (no less than ten (10) days) of any Construction to be undertaken (except in the event of an emergency (in which case Landlord will provide notice as soon as reasonably possible)). Landlord reserves full control over the Project to the extent not inconsistent with Tenant’s possession, use, enjoyment, and access to the same as provided in this Lease.

Appears in 2 contracts

Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject Notwithstanding the foregoing, Landlord’s Construction shall be performed in such a manner as to Section 6.7 abovenot unreasonably interfere with Tenant’s access to or use of the Premises for Tenant’s business purposes, or materially decrease Tenant’s rights or increase Tenant’s obligations under this Lease. Tenant hereby agrees that such Construction and LandlordXxxxxxxx’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent so long as such Construction does not unreasonably interfere with Xxxxxx’s access to or use of the Premises for Tenant’s business purposes. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with TenantXxxxxx’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of 52 GENESIS 1900 ALAMEDA [BigHat Biosciences, Inc.] Execution Original the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction. Landlord reserves full control over the Project to the extent not inconsistent with Xxxxxx’s enjoyment the same as provided in this Lease. This reservation includes Landlord’s right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project.

Appears in 2 contracts

Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 2 contracts

Samples: Office Lease (Xactly Corp), Office Lease (PDF Solutions Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing BuildingsFuture Building, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Future Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing BuildingsFuture Building, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsFuture Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Future Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Future Building and/or the Project. Subject Notwithstanding the foregoing, Landlord’s Construction shall be performed in such a manner as to Section 6.7 abovenot unreasonably interfere with Tenant’s access to or use of the Premises for Tenant’s business purposes, or materially decrease Tenant’s rights or increase Tenant’s obligations under this Lease. Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent so long as such Construction does not unreasonably interfere with Tenant’s access to or use of the Premises for Tenant’s business purposes. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction. Landlord reserves full control over the Project to the extent not inconsistent with Tenant’s enjoyment the same as provided in this Lease. This reservation includes Landlord’s right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project.

Appears in 2 contracts

Samples: Extension Option Rider (Applied Molecular Transport Inc.), Extension Option Rider (Applied Molecular Transport LLC)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection MARINA VILLAGE [St. Fxxxxxx] with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 1 contract

Samples: Lease Termination Agreement (St Francis Medical Technologies Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildingsbuildings (including the Adjacent Building), parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 1 contract

Samples: Extension Option Rider (1st Pacific Bancorp)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition maintenance work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, temporary limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 aboveExcept as otherwise provided herein, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent; provided Landlord takes all measures so as to not unreasonably interfere with Tenant (and provided Landlord 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2 does not interfere with Tenant’s lab work), and provides Tenant with reasonable advance notice (no less than ten (10) days) of any Construction to be undertaken (except in the event of an emergency (in which case Landlord will provide notice as soon as reasonably possible)). Subject to Except as provided in Section 6.7 above and Landlord’s indemnity obligations in this Lease6.4, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction; provided Landlord takes all measures so as to not unreasonably interfere with Tenant (and provided Landlord does not interfere with Tenant’s lab work), and provides Tenant with reasonable advance notice (no less than ten (10) days) of any Construction to be undertaken (except in the event of an emergency (in which case Landlord will provide notice as soon as reasonably possible)). Landlord reserves full control over the Project to the extent not inconsistent with Tenant’s possession, use, enjoyment, and access to the same as provided in this Lease.

Appears in 1 contract

Samples: Lease (Dyne Therapeutics, Inc.)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant, except as specifically set forth in this Lease. However, Tenant acknowledges that prior Landlord may from time to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants andtime, at Landlord’s sole electionoption, such other buildingsrenovate, improvementsimprove, landscaping and other facilities within alter, or as part of the Project as Landlord (and/or such common area association) shall from time to time desire modify (collectively, the “ConstructionRenovations). In ) the Building, Premises, and/or Project, including without limitation the Building Parking Area, Common Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in the Building Common Areas, and in connection with such ConstructionRenovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction Renovations and Landlord’s actions in connection with such Construction Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent; provided, however, that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of the Premises during such Renovations. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Constructionthe Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction the Renovations or Landlord’s actions in connection with such ConstructionRenovations, or for any inconvenience or annoyance occasioned by such Construction Renovations or Landlord’s actions in connection with such ConstructionRenovations.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work LetterLetters: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings6201 Building, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings 6201 Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, but subject to the terms and conditions of this Lease, such other buildings, parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, temporarily (for a commercially reasonable period of time) erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildingsstructures, limit or eliminate access to portions of the Project, including portions of the common areasareas of the Project, or perform work in the Building, the Other Existing Buildings and/or at the Project, which work may temporarily (for a commercially reasonable period of time) create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Projectdebris. Subject to Section 6.7 above, Tenant hereby agrees that such Construction pursuant to this Section 24.29 and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as otherwise provided in Section 6.4 above). Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction; provided, however, that in performing any Construction (i) prior to Substantial Completion of the Original Premises Tenant Improvements (as defined in the Original Premises Work Letter) and Substantial Completion of the Must-Take Space Tenant Improvements, Landlord shall (A) use commercially reasonable efforts to not cause an Adverse Condition and (B) not interfere with and/or delay the Substantial Completion of the Original Premises Tenant Improvements and/or Substantial Completion of the Must-Take Space Tenant Improvements, and (ii) from and after the Substantial Completion of the of the Original Premises Tenant Improvements and the Substantial Completion of the Must-Take Space Tenant Improvements, Landlord shall use commercially reasonable efforts to not cause an Adverse Condition.

Appears in 1 contract

Samples: Escrow Agreement (Polycom Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing BuildingsBuilding, the Project, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing BuildingsBuilding, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 1 contract

Samples: Lease (InterPrivate III Financial Partners Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing BuildingsBuilding, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing BuildingsBuilding, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or Building and/ 879352.05/SD374622-00001/3-28-19/MLT/bp -42- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject Notwithstanding the foregoing, Landlord’s Construction shall be performed in such a manner as to Section 6.7 abovenot unreasonably interfere with Tenant’s access to or use of the Premises for Tenant’s business purposes, or materially decrease Tenant’s rights or increase Tenant’s obligations under this Lease. Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent so long as such Construction does not unreasonably interfere with Tenant’s access to or use of the Premises for Tenant’s business purposes. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction. Landlord reserves full control over the Project to the extent not inconsistent with Tenant's enjoyment the same as provided in this Lease. This reservation includes Landlord's right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Fluidigm Corp)

Landlord’s Construction. Except Promptly following the date on which the Permits and Approvals have been received and are no longer subject to any potential appeal or challenge and the execution of the GMP Contract as specifically set forth in Section 4.3 below (but in no event prior to the Effective Date), or on such earlier date as Landlord may elect in its discretion, Landlord shall cause the General Contractor (hereinafter defined) to commence and diligently prosecute the construction of the shell and core of the Building to completion pursuant to the Approved Shell and Core Plans (the “Shell and Core”), in accordance with the terms and conditions set forth in this Lease or Work Letter subject only to Shell and Core Permitted Changes and any other changes authorized pursuant to this Work Letter (all such construction, the “Landlord’s Construction Work”). Tenant shall construct the tenant improvements in the Building pursuant to the Approved TI Plans (the “Tenant Improvements”) as further provided below. The Landlord’s Construction Work, together with the Tenant Improvements shall collectively be referred to herein as the “Building Improvements”. Landlord’s Construction Work Letter: shall be constructed in a good and workmanlike manner, and in accordance with Applicable Laws (i) Landlord has no obligation subject only to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; such incomplete work as will not materially adversely impact Tenant’s continuous and (ii) no representations or warranties respecting the condition uninterrupted use of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Premises for Tenant’s Permitted Use). Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions The allocation of responsibility for completion of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or Building Improvements is included as part of Schedule 2. The parties acknowledge and agree that Xxxxxxxx has agreed to perform certain Tenant Improvements on behalf of the Project Tenant (the “TI by Landlord”) in coordination with the Landlord’s Construction Work and Tenant has agreed to perform certain Landlord’s Construction Work in coordination with the Tenant Improvements (the “LCW by Tenant”) as Landlord (and/or such common area association) shall from time to time desire (collectivelyfurther described on Schedule 9, attached. Following the completion of the Approved TI Plans for the TI by Landlord, the “Construction”). In connection with parties shall cooperate to make such Construction, Landlord may, among other things, erect scaffolding or other adjustments as are necessary structures to the allocation of responsibility included in Schedule 2 to reflect the Building and/or the Other Existing Buildings, limit or eliminate access to portions full scope of the Project, including portions of LCW by Tenant and the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and TI by Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 1 contract

Samples: Lease Agreement (Ionis Pharmaceuticals Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"); provided that, notwithstanding anything to the contrary in this Lease, such Construction does not cause any Adverse Condition. In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 6.8 above, and Landlord's indemnity obligations in this Lease, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject Landlord reserves full control over the Project to Section 6.7 above and Landlord’s indemnity obligations the extent not inconsistent with Tenant's enjoyment the same as provided in this Lease, Landlord shall have no responsibility or for any reason be liable . This reservation includes Landlord's right to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project; provided, however, in each instance that it has no adverse effect on Tenant or Tenant's use of the whole Premises, parking or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Constructionother right xxxxxx this Lease.

Appears in 1 contract

Samples: And Maintenance Agreement (Tocagen Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing may perform construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants andReal Property, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areasReal Property, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 1 contract

Samples: Lease (Hippo Holdings Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Building and Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, parking structures and facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord (and/or any common area association) may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, access roads and parking facilities, or perform work in or around the Building, the Other Existing Buildings and/or the Building or Project, which work may create noise, dust or leave debris in debris; provided, however, that (i) Tenant shall always have reasonable access to the BuildingPremises, and (ii) subject to the Other Existing Buildings and/or provisions of Section 24.4 above to the Projectcontrary, Tenant shall always have reasonable access to the Parking Facilities to the extent necessary for Tenant to use the number of parking passes within the Parking Allotment then rented by Tenant pursuant to Article 24 above. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s (and/or such common area association’s) actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as provided in Section 6.6 above). Subject to the rent abatement provisions in Section 6.7 above and Landlord’s indemnity obligations in this Lease6.6 above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such the Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property Property or improvements resulting from such the Construction or Landlord’s (and/or such common area association’s) actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s (and/or such common area association’s) actions in connection with such Construction; provided, however, that (A) in performing such Construction (1) Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises as a result of such Construction, (2) Landlord shall perform such Construction in compliance with all applicable Laws in effect as of any time such Construction is performed, including, without limitation, all Environmental Laws, and (3) Landlord shall perform such Construction in a manner that will not materially increase Tenant’s monetary obligations under this Lease, or otherwise materially adversely affect Tenant’s rights under this Lease, and (B) with respect to any such Construction performed by any common area association, Landlord shall use commercially reasonable efforts to enforce its rights under the applicable covenants, conditions and restrictions governing such association to eliminate any Adverse Condition of which Landlord is aware and resulting from any such Construction.

Appears in 1 contract

Samples: Office Lease (United Online Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Building and Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, and such other buildings, parking structures and facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”), subject, however, to Landlord’s obligations and the restrictions and limitations set forth in this Lease, including in Section 1.1 above and the Tenant Work Letter. In connection with such Construction, Landlord (and/or any common area association) may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, access roads and parking facilities, or perform work in or around the Building, the Other Existing Buildings and/or the Building or Project, which work may create noise, dust or leave debris debris; provided, however, following the date Landlord delivers possession of the Premises to Tenant in the BuildingReady for TI Condition, Tenant shall always have reasonable, legal access to the Other Existing Buildings and/or the Project. Subject Premises and, subject to Landlord’s temporary relocation and other rights as provided in Section 6.7 1.1.8 and Article 24 above, those portions of the Parking Facilities designated for Tenant’s Reserved Parking Passes and Tenant’s Unreserved Parking Structure Passes in Section 10.1 of the Summary and/or otherwise designated from time to time by Landlord for Tenant’s parking passes in accordance with Article 24 above. Tenant hereby agrees that such Construction and Landlord’s (and/or such common area association’s) actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor (except as provided in Section 6.6 above) entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with TenantXxxxxx’s business arising from such Constructionthe Construction (except as provided in Section 6.6 above), nor shall Tenant be entitled to any compensation or damages from Landlord (except as provided in Section 6.6 above) for loss of the use of the whole or any part of the Premises or of Tenant’s personal property Property or improvements resulting from such the Construction or Landlord’s (and/or such common area association’s) actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s (and/or such common area association’s) actions in connection with such Construction; provided, however, that in performing any Construction (i) Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of, access to and occupancy of the Premises for the Permitted Use as a result of such Construction, (ii) Landlord shall perform such Construction in compliance with all applicable Laws in effect as of any time such Construction is performed, and (iii) Landlord shall perform such construction in a manner that will not materially increase Tenant’s monetary obligations under this Lease, or otherwise materially adversely affect Tenant’s rights under this Lease; and provided, further, however, with respect to any such Construction performed by any common area association, Landlord shall use commercially reasonable efforts to enforce its rights under the applicable covenants, conditions and restrictions governing such association to eliminate any Adverse Condition of which Landlord is aware and resulting from any such Construction.

Appears in 1 contract

Samples: Sublease Agreement (Intuit Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area Outside Area association) will be completing may complete construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire Building (collectively, the “Construction”). In connection with such the Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areasOutside Areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.

Appears in 1 contract

Samples: Atlas Crest Investment Corp.

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing BuildingsFuture Building, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Future Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing BuildingsFuture Building, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for 843078.08/SD374622-00033/8-4-16/MLT/dek -46- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.] premises for other tenants and, at Landlord’s 's sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsFuture Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Future Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Future Building and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor nor, subject to Section 6.9 above, entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease6.9 above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction. Landlord reserves full control over the Project to the extent not inconsistent with Tenant's enjoyment the same as provided in this Lease. This reservation includes Landlord's right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project. Notwithstanding anything above to the contrary, and subject to the provisions of Section 6.9, Landlord will (i) use commercially reasonable efforts to minimize unreasonable interference with Tenant's Permitted Use in connection with Landlord's exercise of Landlord's rights under this Section 24.30, and (ii) use commercially reasonable efforts to provide Tenant not less than ten (10) business days prior written notice of any planned utility or other Building system interruption or systems testing which would require evacuation of the Premises or Building.

Appears in 1 contract

Samples: Basic Lease Information (Achaogen Inc)

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Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”), provided that, notwithstanding anything to the contrary in this Lease, such Construction does not cause any Adverse Condition. In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 6.8 above, and Landlord’s indemnity obligations in this Lease, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject Landlord reserves full control over the Project to Section 6.7 above and Landlordthe extent not inconsistent with Tenant’s indemnity obligations enjoyment the same as provided in this Lease. This reservation includes Landlord’s right to subdivide the Project and convert portions of the Project to condominium units, Landlord shall have change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project, provided in each instance that it has no responsibility adverse effect on Tenant or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole Premises, parking or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Constructionother rights under this Lease.

Appears in 1 contract

Samples: Lease (Poseida Therapeutics, Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectBuildings and Real Property, including without limitation, the Phase I Parking Structure, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”"CONSTRUCTION"). In connection with such Construction, Landlord (and/or any common area association) may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, access roads and parking facilities, or perform work in or around the Building, the Other Existing Buildings and/or the Projector Real Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Projectdebris. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's (and/or such common area association's) actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor (except as provided in Section 6.5) entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such the Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such the Construction or Landlord’s 's (and/or such common area association's) actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's (and/or such common area association's) actions in connection with such Construction; provided, however, that (i) Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises as a result of such Construction, (ii) Landlord shall perform such Construction in compliance with all applicable Laws in effect as of any time such Construction is performed, including, without limitation, all Environmental Laws and (iii) except in emergencies, after the Lease Commencement Date, Landlord shall direct that all construction trucks used in connection with such Construction not access the Real Property during such Construction over the proposed private street leading from Burbank Boulevard as depicted on EXHIBIT A-1 attached hereto.

Appears in 1 contract

Samples: Office Lease (Foundation Health Systems Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction, provided that Landlord shall use commercially reasonable efforts to minimize unreasonable interference with Tenant’s use of the Premises. Landlord reserves full control over the Project to the extent not inconsistent with Tenant’s enjoyment the same as provided in this Lease. This reservation includes Landlord’s right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project.

Appears in 1 contract

Samples: Lease (Kezar Life Sciences, Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.. MARINA VILLAGE [Aqua Metals, Inc.]

Appears in 1 contract

Samples: Terms of Lease (Aqua Metals, Inc.)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant, except as specifically set forth in this Lease. However, Tenant acknowledges that prior Landlord may from time to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants andtime, at Landlord’s sole electionoption, such other buildingsrenovate, improvementsimprove, landscaping and other facilities within alter, or as part of the Project as Landlord (and/or such common area association) shall from time to time desire modify (collectively, the “ConstructionRenovations). In ) the Building, Premises, and/or Project, including without limitation the Building Parking Area, Common Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in the Building Common Areas, and in connection with such ConstructionRenovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction Renovations and Landlord’s actions in connection with such Construction Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations set forth in this Leasethe last sentence of Section 1.1 above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Constructionthe Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction the Renovations or Landlord’s actions in connection with such ConstructionRenovations, or for any inconvenience or annoyance occasioned by such Construction Renovations or Landlord’s actions in connection with such ConstructionRenovations.

Appears in 1 contract

Samples: Office Lease (Cafepress Inc.)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or [FINAL EXECUTION COPY]SMRH:478611488.18 -39- 600 B STREETMitek Systems, Inc. 92917 35XW-244846 any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectReal Property, including without limitationlimitation the Parking Facilities, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, parking facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as otherwise specifically set forth in Section 6.6 above). Subject to Except as otherwise specifically set forth in Section 6.7 above and Landlord’s indemnity obligations in this Lease6.6 above, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction; provided, however, in the course of taking such action, Landlord shall use commercially reasonable efforts not to interfere with or adversely affect Tenant’s business operations at the Premises (subject to events and circumstances outside of Landlord’s reasonable control). Landlord’s access to the Premises shall be pursuant to Article 22 (Entry by Landlord) of this Lease.

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing BuildingsBuilding, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing BuildingsBuilding, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”); provided that, notwithstanding anything to the contrary in this Lease, such Construction does not cause any Adverse Condition. In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 above, and Xxxxxxxx’s indemnity obligations in this Lease, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject Landlord reserves full control over the Project to Section 6.7 above and Landlordthe extent not inconsistent with Xxxxxx’s indemnity obligations enjoyment the same as provided in this Lease. This reservation includes Landlord’s right to subdivide the Project and convert portions of the Project to condominium units, Landlord shall have change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project; provided, however, in each instance that it has no responsibility adverse effect on Tenant or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole Premises, parking or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Constructionother right xxxxxx this Lease. 24.31 Intentionally Omitted. - 43 - GENESIS SSF - TWO TOWER PLACEArsenal Biosciences, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction.Inc.[Execution Original]

Appears in 1 contract

Samples: Sublease (Assembly Biosciences, Inc.)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the ProjectReal Property, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project Real Property have been made by Landlord to Tenant, except as specifically set forth in this Lease and the Work Letter. However, Tenant acknowledges that prior Landlord may from time to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants andtime, at Landlord’s sole electionoption, such other buildingsrenovate, improvementsimprove, landscaping and other facilities within alter, or as part of the Project as Landlord (and/or such common area association) shall from time to time desire modify (collectively, the “ConstructionRenovations) the Building and/or Real Property (other than the Premises). In , including without limitation the Building Parking Facilities, Common Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (ii) installing new carpeting, lighting, and wall coverings in the Building Common Areas, and in connection with such ConstructionRenovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areasCommon Areas, or perform work in the Building, the Other Existing Buildings Building and/or the ProjectReal Property, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the ProjectReal Property. Subject to Section 6.7 above, Tenant hereby agrees that such Construction Renovations and Landlord’s actions in connection with such Construction Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent, except as otherwise provided herein. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Constructionthe Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises (except as otherwise provided herein) or of Tenant’s personal property or improvements resulting from such Construction the Renovations or Landlord’s actions in connection with such ConstructionRenovations, or for any inconvenience or annoyance occasioned by such Construction Renovations or Landlord’s actions in connection with such ConstructionRenovations; provided, however, Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of, and access to, the Premises and the Parking Facilities servicing the same, in connection with any Renovations undertaken by Landlord.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

Landlord’s Construction. Except as specifically set forth 7.1 Landlord shall furnish all labor and materials to construct and complete in this Lease or a good, expeditious and workmanlike manner to the reasonable satisfaction and approval of Tenant the work described in the Shell Plans (“Landlord’s Improvements”) and in Tenant’s Plans (“Tenant Work Letter: Improvements”) (iLandlord’s Improvements and Tenant Improvements are referred to herein collectively as the “Improvements”). Landlord will enter into a cost plus/guaranteed maximum price contract consistent with the parties determination of Final Cost in accordance with Section 8.1 below, with a general contractor reasonably approved by Tenant (the “Contractor”) as the general contractor for the construction, of the Improvements. Tenant hereby consents to Hxxxxx Xxxxxx Construction Company as the Contractor. Following execution of the construction contract with the Contractor, Landlord has no obligation shall cause the Contractor to alter, remodel, improve, renovate, repair or decorate file with the Premisesappropriate departments of all governmental authorities with jurisdiction over the Real Property, the Building, the Other Existing Buildings, the Project, or any part thereof; Shell Plans and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire Plans (collectively, the “ConstructionPlans)) and to submit such other information and materials as may be required by such governmental authorities for their approval of the Improvements. Upon, receipt of all necessary governmental approvals for the construction of Improvements, Landlord shall cause the Contractor to commence and diligently proceed with the construction of the Improvements in accordance with the Plans and all applicable governmental laws, regulations and requirements. Landlord and Tenant will meet on at least a weekly basis to discuss the progress of the Improvements. Tenant’s Architect shall have access to the Premises during construction of Improvements at all times during normal business hours for purposes of inspection. Landlord also agrees that Tenant shall be granted periodic access for the purpose of inspecting construction progress. In connection with such Constructionperiodic access, Tenant agrees that, to the extent permitted by law, Landlord may, among other things, erect scaffolding and its principals shall not be liable in any way for injury or other necessary structures death to any person or persons or loss or damage to property located in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the ProjectPremises. Subject to Section 6.7 above, Tenant hereby expressly agrees that such Construction and Landlord’s actions in connection with such Construction none of its agents, contractors, workmen, mechanics, suppliers or invitees shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of enter the Premises or prior to the Commencement Date unless and until each of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Constructionthem shall furnish to Landlord reasonably satisfactory evidence of insurance coverage, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Constructionfinancial responsibility and other appropriate information.

Appears in 1 contract

Samples: Torrey Pines Science Center (Pacira Pharmaceuticals, Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the BuildingBuildings, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the BuildingBuildings, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the BuildingBuildings, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building Buildings and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the BuildingBuildings, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the BuildingBuildings, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as otherwise provided in Section 6.6 above). Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages (subject to the abatement provisions in Section 6.6 above) from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction; provided, however, that Landlord shall remain liable for personal injury and property damage resulting from any Construction or to the extent caused by Landlord’s actions or the Landlord Parties' gross negligence or willful misconduct and not insured or required to be insured by Tenant under this Lease. Notwithstanding anything in connection this Section 24.30 to the contrary, Landlord shall use commercially reasonable efforts to perform all Construction in a manner, whenever reasonably practicable, to minimize any material, adverse interference with such ConstructionTenant’s normal business operations in the Premises.

Appears in 1 contract

Samples: Tenant Work Letter (Biotime Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the 4845-8006-8327.4 374622.00156/6-30-21/MLT/bp -40- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction. Landlord reserves full control over the Project to the extent not inconsistent with Tenant's enjoyment the same as provided in this Lease. This reservation includes Landlord's right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project. Landlord shall not unreasonably interfere with Tenant’s use of or access to the Premises or Parking Areas in performing any such Construction.

Appears in 1 contract

Samples: Industrial (Kura Oncology, Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s 's sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the "Construction"). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing Buildings, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s 's actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction or Landlord’s 's actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s 's actions in connection with such Construction, provided that Landlord shall use commercially reasonable efforts to minimize unreasonable interference with Tenant's use of the Premises. Landlord reserves full control over the Project to the extent not inconsistent with Tenant's enjoyment the same as provided in this Lease. This reservation includes Landlord's right to subdivide the Project and convert portions of the Project to condominium units, change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties and maintain or establish ownership of the Buildings separate from the fee title to the Project.

Appears in 1 contract

Samples: Attornment Agreement (Janux Therapeutics, Inc.)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the ProjectBuilding and Real Property, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, parking structures and facilities, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord (and/or any common area association) may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, limit or eliminate access to portions of the ProjectReal Property, including portions of the common areas, access roads and parking facilities, or perform work in or around the Building, the Other Existing Buildings and/or the ProjectBuilding or Real Property, which work may create noise, dust or leave debris debris; provided, however, Tenant shall always have reasonable access to the Premises and those portions of the Parking Facilities designated for Tenant’s Reserved Parking Passes and Tenant’s Unreserved Parking Structure Passes in Section 10.1 of the Building, the Other Existing Buildings Summary and/or the Projectotherwise designated from time to time by Landlord for Tenant’s parking passes in accordance with Article 24 above. Subject to Section 6.7 above, Tenant hereby agrees that such Construction and Landlord’s (and/or such common area association’s) actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor (except as provided in Section 6.5 above) entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Constructionthe Construction (except as provided in Section 6.5 above), nor shall Tenant be entitled to any compensation or damages from Landlord (except as provided in Section 6.5 above) for loss of the use of the whole or any part of the Premises or of Tenant’s personal property Property or improvements resulting from such the Construction or Landlord’s (and/or such common area association’s) actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s (and/or such common area association’s) actions in connection with such Construction; provided, however, that in performing any Construction (i) Landlord agrees to use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises (and those portions of the Parking Facilities designated for Tenant’s Reserved Parking Passes and Tenant’s Unreserved Parking Structure Passes in Section 10.1 of the Summary and/or otherwise designated from time to time by Landlord for Tenants’ parking passes in accordance with Article 24 above) as a result of such Construction, (ii) Landlord shall perform such Construction in compliance with all applicable Laws in effect as of any time such Construction is performed, including, without limitation, all Environmental Laws, and (iii) Landlord shall perform such construction in a manner that will not materially increase Tenant’s monetary obligations under this Lease or otherwise materially adversely affect Tenant’s rights under this Lease; and provided, further, however, with respect to any such Construction performed by any common area association, Landlord shall use commercially reasonable efforts to enforce its rights under the applicable covenants, conditions and restrictions governing such association to eliminate any Adverse Condition of which Landlord is aware and resulting from any such Construction.

Appears in 1 contract

Samples: LNR Warner Center (United Online Inc)

Landlord’s Construction. Except as It is specifically set forth in this Lease or in the Tenant Work Letter: (i) understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing BuildingsBuilding, the Project, or any part thereof; thereof and (ii) that no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings or the Building, and/or Project have been made by Landlord to Tenant, except as 071053\8589453v5 23 specifically set forth in this Lease. However, Tenant acknowledges that prior Landlord may from time to and during time, at Landlord's sole option, renovate, improve, alter, or modify (collectively, the Lease Term, Landlord (and/or any common area association"Renovations") will be completing construction and/or demolition work pertaining to various portions of the Building, Premises, the Other Existing Buildings, the PremisesBuilding, and/or the Project, including without limitation the Parking Facilities, Common Areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, landscaping (i) modifying the Common Areas and tenant improvements for premises for other tenants andspaces to comply with applicable laws and regulations, at Landlord’s sole electionincluding regulations relating to the physically disabled, such other buildingsseismic conditions, improvementsand building safety and security, landscaping and other facilities within or as part of (ii) installing new carpeting, lighting, and wall coverings in the Project as Landlord (and/or such common area association) shall from time to time desire (collectivelyBuilding Common Areas, the “Construction”). In and in connection with such ConstructionRenovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or Building, the Other Existing BuildingsBuilding and/or Project, limit or eliminate access to portions of the Project, including portions of the common areasCommon Areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 above, Tenant hereby agrees that such Construction Renovations and Landlord’s 's actions in connection with such Construction Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Subject to Section 6.7 above and Landlord’s indemnity obligations in this Lease, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s 's business arising from such Constructionthe Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's personal property or improvements resulting from such Construction the Renovations or Landlord’s 's actions in connection with such ConstructionRenovations, or for any inconvenience or annoyance occasioned by such Construction Renovations or Landlord’s 's actions in connection with such ConstructionRenovations. Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and occupancy of the Premises as a result of any Renovations by Landlord permitted under this Section 24.29.

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

Landlord’s Construction. Except as specifically set forth in this Lease or in the Tenant Work Letter: (i) Landlord has no obligation to alter, remodel, improve, renovate, repair or decorate the Premises, the Building, the Other Existing Buildings, the Project, or any part thereof; and (ii) no representations or warranties respecting the condition of the Premises, the Building, the Other Existing Buildings Building or the Project have been made by Landlord to Tenant. Tenant acknowledges that prior to and during the Lease Term, Landlord (and/or any common area association) will be completing construction and/or demolition maintenance work pertaining to various portions of the Building, the Other Existing Buildings, the Premises, and/or the Project, including without limitation, landscaping and tenant improvements for premises for other tenants and, at Landlord’s sole election, such other buildings, improvements, landscaping and other facilities within or as part of the Project as Landlord (and/or such common area association) shall from time to time desire (collectively, the “Construction”). In connection with such Construction, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and/or the Other Existing BuildingsBuilding, temporary limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, the Other Existing Buildings Building and/or the Project, which work may create noise, dust or leave debris in the Building, the Other Existing Buildings Building and/or the Project. Subject to Section 6.7 aboveExcept as otherwise provided herein, Tenant hereby agrees that such Construction and Landlord’s actions in connection with such Construction shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent; provided Landlord takes all measures so as to not unreasonably interfere with Tenant (and provided Landlord - 45 - 908728.01/SD 374622.00146/4-30-21/MLT/bp ActiveUS 186012966v.2 does not interfere with Tenant’s lab work), and provides Tenant with reasonable advance notice (no less than ten (10) days) of any Construction to be undertaken (except in the event of an emergency (in which case Landlord will provide notice as soon as reasonably possible)). Subject to Except as provided in Section 6.7 above and Landlord’s indemnity obligations in this Lease6.4, Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from such Construction, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from such Construction or Landlord’s actions in connection with such Construction, or for any inconvenience or annoyance occasioned by such Construction or Landlord’s actions in connection with such Construction; provided Landlord takes all measures so as to not unreasonably interfere with Tenant (and provided Landlord does not interfere with Tenant’s lab work), and provides Tenant with reasonable advance notice (no less than ten (10) days) of any Construction to be undertaken (except in the event of an emergency (in which case Landlord will provide notice as soon as reasonably possible)). Landlord reserves full control over the Project to the extent not inconsistent with Tenant’s possession, use, enjoyment, and access to the same as provided in this Lease.

Appears in 1 contract

Samples: Lease (Dyne Therapeutics, Inc.)

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