Landlord’s Entry. Landlord and its agents, contractors and invitees shall have the right to enter the Premises at all reasonable times with reasonable notice to inspect the same, to exhibit same to prospective purchasers, tenants and mortgagees, and to make any necessary repairs thereto, provided Landlord will only exhibit the Premises to prospective tenants in the last year of the Term. All such entry shall be at the sole risk of the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only emergency work or work which must, in Landlord's judgment, be performed on an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable times. Tenant agrees that if Landlord determines to sell all or any part of the Property, Tenant will cooperate with Landlord to facilitate and permit entry into the Premises by purchasers or prospective purchasers, and their lenders, consultants and inspectors, in connection with any due diligence inspections, appraisals, surveys or other investigations incidental to such sale and purchase. Landlord recognizes that certain portions of the Premises may have limited access for law-enforcement or other confidentiality-related reasons. Landlord and its contractors shall have the right to access such areas, on prior notice to Tenant, but Tenant shall have the right to have a representative accompany Landlord or its contractors and Landlord shall cooperate reasonably with Tenant in scheduling access to such limited access areas except in case of emergency.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Landlord’s Entry. The Tenant agrees to permit the Landlord and its agents, contractors and invitees shall have the right authorized representatives to enter the Premises at all reasonable times with upon reasonable notice to inspect (except in an emergency, in which case no notice shall be required). Tenant further covenants and agrees that the same, to exhibit same to prospective purchasers, tenants Landlord may go upon the Premises and mortgagees, and to make any necessary repairs thereto, provided Landlord will only exhibit to the Premises and perform any work therein:
(a) which may be necessary to prospective tenants in the last year comply with any laws, ordinances, rules, or regulations of any public authority or of the Terminsurance carrier or of any similar body; or
(b) that the Landlord may deem necessary to prevent waste or deterioration in connection with the Premises if the Tenant does not make or cause such repairs or work to be performed promptly after receipt of written demand from the Landlord; or
(c) that the Landlord may deem necessary to perform construction work incidental to any portion of the Complex adjacent to, above, or below the Premises. All Nothing herein contained shall imply any duty on the part of the Landlord to do any such entry work which, under any provision of this Agreement, Tenant may be required to do, nor shall it constitute a waiver of Tenant’s default in failing to do the same. No exercise by the Landlord of any rights herein reserved shall entitle Tenant to any damage for any injury or inconvenience occasioned thereby nor to any abatement of Rental. In the event Landlord makes or causes any such repairs to be made or performed, as provided for herein Tenant shall pay the cost thereof to Landlord forthwith, as Additional Rental upon receipt of a xxxx therefor, except for that work as provided herein which will be at the sole risk cost and expense of Landlord. Nothing herein contained shall imply any duty on the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only emergency work or work which must, in Landlord's judgment, be performed on an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable times. Tenant agrees that if Landlord determines to sell all or any part of the PropertyLandlord to do any such work which, under any provision of this Agreement, Tenant will cooperate with may be required to do, nor shall it constitute a waiver of Tenant’s default in failing to do the same. No exercise by the Landlord of any rights herein reserved shall entitle Tenant to facilitate and permit entry into any damage for any injury or inconvenience occasioned thereby not to any abatement of rent. In the Premises by purchasers event Landlord makes or prospective purchaserscauses any such repairs to be made or performed, and their lenders, consultants and inspectors, in connection with any due diligence inspections, appraisals, surveys or other investigations incidental to such sale and purchase. Landlord recognizes that certain portions of the Premises may have limited access as provided for law-enforcement or other confidentiality-related reasons. Landlord and its contractors shall have the right to access such areas, on prior notice to Tenant, but herein Tenant shall have pay the right to have a representative accompany Landlord or its contractors cost therefor, except for that work as provided herein which will be at the sole cost and Landlord shall cooperate reasonably with Tenant in scheduling access to such limited access areas except in case expense of emergencyLandlord.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Landlord’s Entry. The Tenant agrees to permit the Landlord and its agents, contractors and invitees shall have the right authorized representatives to enter the Premises at all reasonable times with upon reasonable notice to inspect (except in an emergency, in which case no notice shall be required). Tenant further covenants and agrees that the same, to exhibit same to prospective purchasers, tenants Landlord may go upon the Premises and mortgagees, and to make any necessary repairs thereto, provided Landlord will only exhibit to the Premises and perform any work therein:
(a) which may be necessary to prospective tenants in the last year comply with any laws, ordinances, rules, or regulations of any public authority or of the Terminsurance carrier or of any similar body; or
(b) that the Landlord may deem necessary to prevent waste or deterioration in connection with the Premises if the Tenant does not make or cause such repairs or work to be performed promptly after receipt of written demand from the Landlord; or
(c) that the Landlord may deem necessary to perform construction work incidental to any portion of the Premises. All Nothing herein contained shall imply any duty on the part of the Landlord to do any such entry work which, under any provision of this Agreement, Tenant may be required to do, nor shall it constitute a waiver of Tenant’s default in failing to do the same. No exercise by the Landlord of any rights herein reserved shall entitle Tenant to any damage for any injury or inconvenience occasioned thereby nor to any abatement of Rental. In the event Landlord makes or causes any such repairs to be made or performed, as provided for herein Tenant shall pay the cost thereof to Landlord forthwith, as Additional Rental upon receipt of a xxxx therefor, except for that work as provided herein which will be at the sole risk cost and expense of Landlord. Nothing herein contained shall imply any duty on the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only emergency work or work which must, in Landlord's judgment, be performed on an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable times. Tenant agrees that if Landlord determines to sell all or any part of the PropertyLandlord to do any such work which, under any provision of this Agreement, Tenant will cooperate with may be required to do, nor shall it constitute a waiver of Tenant’s default in failing to do the same. No exercise by the Landlord of any rights herein reserved shall entitle Tenant to facilitate and permit entry into any damage for any injury or inconvenience occasioned thereby not to any abatement of rent. In the Premises by purchasers event Landlord makes or prospective purchaserscauses any such repairs to be made or performed, and their lenders, consultants and inspectors, in connection with any due diligence inspections, appraisals, surveys or other investigations incidental to such sale and purchase. Landlord recognizes that certain portions of the Premises may have limited access as provided for law-enforcement or other confidentiality-related reasons. Landlord and its contractors shall have the right to access such areas, on prior notice to Tenant, but herein Tenant shall have pay the right to have a representative accompany Landlord or its contractors cost therefor, except for that work as provided herein which will be at the sole cost and Landlord shall cooperate reasonably with Tenant in scheduling access to such limited access areas except in case expense of emergencyLandlord.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Landlord’s Entry. If Tenant fails to do so within a reasonable period of time or if Landlord deems such action necessary because of an actual or suspected emergency, Landlord may, but need not, make the repairs and its agentsreplacements described in Section 8.A., contractors and invitees Tenant shall have pay Landlord the right cost thereof, including an amount sufficient to reimburse Landlord for overhead and related expenses, forthwith upon being billed for the same, as additional Rent hereunder. Landlord may, but shall not be required to, enter the Premises at all reasonable times with reasonable on prior telephonic notice to inspect and accompanied by a representative of Tenant (except in cases of actual or suspected emergency, in which case no prior notice and no accompaniment by a Tenant representative shall be required) for the purpose of inspecting, repairing or maintaining the same. Tenant agrees to use commercially reasonable efforts to have available a representative of Tenant to accompany Landlord upon request, if required by the preceding sentence. Landlord shall take reasonable steps in connection with such entry to exhibit same minimize any disruption to prospective purchasers, tenants and mortgageesTenant's business or its use of the Premises, and to make any necessary repairs thereto, provided Landlord will only exhibit the Premises to prospective tenants in the last year of the Term. All agrees that such entry shall be made only during normal business hours, unless otherwise agreed to in advance by Tenant. Landlord agrees not to store materials at the sole risk of the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only emergency work or work which must, in Landlord's judgment, be performed on an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable times. Tenant agrees that if Landlord determines to sell all or any part of the Property, Tenant will cooperate with Landlord to facilitate and permit entry into the Premises by purchasers or prospective purchasersPremises, and their lenders, consultants and inspectors, in connection with not to stage any due diligence inspections, appraisals, surveys or work to other investigations incidental to such sale and purchase. Landlord recognizes that certain portions of the Complex from the Premises may have limited access unless no other reasonable alternative for law-enforcement or other confidentiality-related reasonssuch staging exists. Landlord and its contractors shall have the right to access such areasTenant acknowledge that Tenant's business involves certain information or materials, on prior notice to Tenant, but Tenant shall have the right to have a representative accompany Landlord or its contractors and Landlord shall cooperate reasonably with Tenant in scheduling access to such limited access areas except which is restricted under federal laws. Landlord agrees that it shall include a provision in case of emergency.any contract with the janitorial service for the Premises which requires such
Appears in 1 contract
Landlord’s Entry. Landlord and its agents, contractors and invitees shall have the right to enter the Premises authorized representatives may at all reasonable times with reasonable and upon 24 hours’ prior written, telephonic or electronic notice to inspect the sameTenant, to exhibit same to prospective purchasers, tenants and mortgagees, and to make any necessary repairs thereto, provided Landlord will only exhibit the Premises to prospective tenants in the last year of the Term. All such entry shall be at the sole risk of the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only an emergency work or work in which must, in Landlord's judgment, be performed on an urgent basis) by Landlord case no notice shall be performed required, enter the Premises to (a) inspect the Premises; (b) show the Premises to prospective purchasers, mortgagees and, within the last 9 months of the Term, tenants; (c) post notices of non-responsibility or other protective notices available under the Laws; or (d) exercise and perform Landlord’s rights and obligations under this Lease. Landlord may in the event of any emergency enter the Premises without notice to Tenant. Landlord’s entry into the Premises are not to be construed as a reasonable manner at reasonable times. forcible or unlawful entry into, or detainer of, the Premises or as an eviction of Tenant agrees that if Landlord determines to sell from all or any part of the PropertyPremises. Landlord will use commercially reasonable efforts not to interfere unreasonably with Tenant’s use of the Premises, to perform any entries in an expeditious manner and to schedule entries into the Premises under this Section 9.1 with Tenant so that Tenant, at Tenant’s option, may provide a representative to accompany Landlord. Landlord will cooperate with not take photographs of any active work areas in the Premises without Tenant’s prior consent, and Landlord use efforts that are substantially similar to facilitate and permit the efforts Landlord would use in protecting its own confidential information, not to disclose any confidential information obtained by any entry into the Premises by purchasers Landlord or prospective purchasersits employees, and their lendersagents or contractors. Notwithstanding anything to the contrary set forth in this Section 9.1, consultants and inspectors, in connection with any due diligence inspections, appraisals, surveys or other investigations incidental to such sale and purchase. Landlord recognizes that Tenant may designate certain portions limited areas of the Premises may have limited access as “Secured Areas” should Tenant require such areas for law-enforcement the purpose of securing certain valuable property or other confidentiality-related reasonsconfidential information. Landlord and its contractors shall have In connection with the right to access such areasforegoing, on prior notice to Tenant, but Tenant shall have the right to have a representative accompany Landlord or its contractors and Landlord shall cooperate reasonably with Tenant in scheduling access to not enter such limited access areas Secured Areas except in case the event of emergencyan emergency subject to Landlord’s compliance with the terms of this Section 9.1.
Appears in 1 contract
Landlord’s Entry. Landlord and its agents, contractors and invitees shall have the right to enter the Premises authorized representatives may at all reasonable times with and upon reasonable notice to Tenant enter the Premises to: (a) inspect the samePremises; (b) within the last nine (9) months of the Term, to exhibit same to prospective purchasers, tenants and mortgagees, and to make any necessary repairs thereto, provided Landlord will only exhibit show the Premises to prospective tenants tenants: (c) show the Premises to prospective purchasers and mortgagees: (d) if the statutes of the State permit, post notices of non-responsibility or other protective notices available under the Laws; or (e) exercise and perform Landlord's rights and obligations under this Lease. Landlord may in the last year event of any emergency enter the TermPremises without notice to Tenant. All such Landlord's entry shall into the Premises is not to be at construed as a forcible or unlawful entry into, or detainer of. the sole risk of the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during Premises or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations an eviction of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only emergency work or work which must, in Landlord's judgment, be performed on an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable times. Tenant agrees that if Landlord determines to sell from all or any part of the Property, Premises. Tenant will cooperate with also permit Landlord (or its designees) to facilitate erect, install, use, maintain, replace and permit entry into repair pipes, cables, conduits, plumbing and vents, and telephone, electric and other wires or other items, in, to and through the Premises by purchasers if Landlord determines that such activities are necessary or prospective purchasersappropriate for properly operating and maintaining the Building so long as any of the same are installed above the ceiling, and their lenders, consultants and inspectors, in connection with any due diligence inspections, appraisals, surveys beyond the walls or other investigations incidental to such sale and purchase. Landlord recognizes that certain portions below the slab of the Premises may have limited access for lawand there is no unreasonable interference with Tenant's business operations in the Premises. Notwithstanding the foregoing, Tenant shall be permitted to maintain the entries to the PDC locked and to maintain certain other locked facilities within the Premises ("SCIFF SPACE") if Tenant notifies Landlord of the location of such SCIFF Space prior to locking-enforcement or other confidentiality-related reasons. Landlord and its contractors shall have the right to access off such areas, on prior notice to in which case Landlord shall not enter the PDC or the SCIFF Space without being accompanied by a representative of Tenant, but and Tenant shall have provide Landlord with the right to have a representative accompany names of persons whom Landlord or its contractors and Landlord shall cooperate reasonably with Tenant may contact in scheduling the event of an emergency requiring access to such limited access areas except in case the Premises outside of emergencyBusiness Hours.
Appears in 1 contract
Samples: Lease Agreement (Sm&a Corp)
Landlord’s Entry. Landlord and its agents, contractors and invitees shall have the right to enter the Premises authorized representatives may at all reasonable times with and upon prior reasonable notice (except in connection with routine entries to perform regular activities such as janitorial service and replacement of Building standard light bulbs) to Tenant enter the Premises to: (a) inspect the same, to exhibit same Premises; (b) show the Premises to prospective purchasers, tenants and mortgageesmortgagees and, and to make any necessary repairs thereto, provided Landlord will only exhibit the Premises to prospective tenants in within the last year twelve (12) months of the Term, tenants; (c) post notices of non-responsibility or other protective notices available under the Laws; or (d) exercise and perform Landlord’s rights and obligations under this Lease. All such Tenant acknowledges that Landlord’s entry shall be at the sole risk pursuant to clause (d) may require that Tenant temporarily vacate all or a portion of the person so entering and Tenant shall not be liable Premises and/or temporarily relocate items of Tenant’s Personal Property, all as Landlord may determine is reasonably necessary to any person for any damages properly exercise such rights or losses suffered by perform such person during or as a result of such entryobligations. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work may in the event of any emergency enter the Premises and without prior notice to Tenant, but Landlord shall, as soon as reasonably possible thereafter, notify Tenant in writing of any such emergency entry to the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (except in the case of Tenant's default hereunder) that all repair work (excepting only emergency work or work which must, in Landlord's judgment, be performed on an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable timesPremises. Tenant agrees that if Landlord determines Landlord’s entry into the Premises is not to sell be construed as a forcible or unlawful entry into, or detainer of, the Premises or as an eviction of Tenant from all or any part of the Property, Premises. Tenant will cooperate with also permit Landlord to facilitate erect, install, use, maintain, replace and permit entry into repair pipes, cables, conduits, plumbing and vents, and telephone, electric and other wires or other items, in, to and through the Premises by purchasers if Landlord determines that such activities are necessary or prospective purchasers, appropriate for properly operating and their lenders, consultants and inspectorsmaintaining the Building. Except in the event of an emergency, in connection exercising its rights under this Section 9.1, Landlord shall use commercially reasonable efforts, to the extent reasonably possible under the circumstances, not to unreasonably disrupt, impede or interfere with any due diligence inspectionsTenant’s access, appraisals, surveys use or other investigations incidental to such sale and purchase. Landlord recognizes that certain portions enjoyment of the Premises may have limited access for law-enforcement or other confidentiality-related reasons. Landlord Common Area, or with the conduct by Tenant of its business at the Premises, which commercially reasonable efforts shall include, whenever possible and its contractors shall have the right to access such areasfeasible, on prior notice to Tenantperforming Landlord’s obligations after Tenants regular business hours, but Tenant shall have the right Landlord is not obligated to have a representative accompany Landlord or its contractors and Landlord shall cooperate reasonably with Tenant pay overtime in scheduling access order to such limited access areas except in case of emergencyperform Landlord’s obligations after Tenant’s regular business hours.
Appears in 1 contract
Samples: Office Lease Agreement (Fender Musical Instruments Corp)
Landlord’s Entry. Subject to the provisions of the last sentence of this Section 9.1, Landlord and its agents, contractors authorized representatives may during Business Hours and invitees shall have the right upon reasonable notice to Tenant enter the Premises at all reasonable times with reasonable notice to to: (a) inspect the same, to exhibit same Premises; (b) show the Premises to prospective purchasers, tenants purchasers and mortgagees, and to make any necessary repairs thereto, provided Landlord will only exhibit ; (c) show the Premises to prospective tenants in (but only during the last year twelve (12) months of the Term. All such entry shall be at the sole risk of the person so entering and Tenant shall not be liable to any person for any damages or losses suffered by such person during or as a result of such entry. Landlord shall not be liable in any manner to Tenant by reason of such entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected; however, Landlord agrees (Term except in the case of Tenant's default hereunderemergency or at any time following an Event of Default after any applicable notice and cure period to the extent permitted by law); (d) that all repair work post notices of non-responsibility or other protective notices available under the Laws; or (excepting only emergency work or work which muste) exercise and perform Landlord’s rights and obligations under this Lease. Landlord, in the event of any emergency, may enter the Premises without notice to Tenant. Landlord's judgment’s entry into the Premises is not to be construed as a forcible or unlawful entry into, be performed on or detainer of, the Premises or as an urgent basis) by Landlord shall be performed in a reasonable manner at reasonable times. eviction of Tenant agrees that if Landlord determines to sell from all or any part of the Property, Premises. Tenant will cooperate with also permit Landlord (or its designees) to facilitate erect, install, use, maintain, replace and permit entry into repair pipes, cables, conduits, plumbing and vents, and telephone, electric and other wires or other items, in, to and through the Premises if Landlord determines that such activities are necessary or appropriate for properly operating and maintaining the Building, to the extent reasonably required by purchasers or prospective purchasersLandlord, provided Landlord shall use commercially reasonable efforts not to disturb Tenant’s use and their lenders, consultants occupancy of the Building (and inspectors, will coordinate with Tenant if during Business Hours) and Landlord shall use good faith efforts to coordinate any such activities with Tenant to minimize any impact on Tenant’s use and occupancy of the Building. Landlord shall exercise commercially reasonable efforts to minimize interference with Tenant’s business operation in connection with any due diligence inspections, appraisals, surveys or other investigations incidental to such sale and purchaseits rights under Section 9.1. Landlord recognizes acknowledges that certain portions of information and documentation at the Premises may have limited access for law-enforcement or other confidentiality-related reasons. Landlord and its contractors shall have the right to access such areas, on prior notice to Tenant, but is deemed confidential by Tenant shall have the right to have a representative accompany Landlord or its contractors and Landlord will refrain from disclosing the contents of such information and documentation to any other party and shall cooperate reasonably with Tenant in scheduling access use commercially reasonable efforts to cause its employees, agents and contractors to keep such limited access areas except in case information and documentation confidential. This provision shall not apply to any information which Landlord can demonstrate it knew prior to the date hereof or which Landlord receives independently from a third party who is not precluded by law, contract or duty of emergencyconfidentiality from disclosing it.
Appears in 1 contract
Samples: Office Lease Agreement (Premiere Global Services, Inc.)