Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during reasonable times and upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Premises to: (a) inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Premises to prospective purchasers, mortgagees and, during the last eighteen (18) months of the Term, tenants; (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; or (f) from time to time, undertake additional improvements to the Building as Landlord deems reasonably necessary to perform Landlord’s obligations under this Lease or to comply with Law. Landlord may in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of any such emergency.
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Samples: Facility Lease Agreement, Facility Lease Agreement (GT Advanced Technologies Inc.), Facility Lease Agreement (GT Advanced Technologies Inc.)
Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during its agents, contractors and invitees shall have the right to enter the Premises at all reasonable times and upon at least twenty-four (24) during Tenant’s business hours’ , with reasonable prior written notice of no less than two (2) business days to Tenant enter (except in the Premises to: (acase of an emergency in which case notice shall be given as soon as practicable) to inspect the Premises and/or audit Tenant’s records same, to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Premises exhibit same to prospective purchasers, mortgagees and, tenants (during the last eighteen final six (186) months of the TermTerm only) and mortgagees, tenantsand to make any necessary repairs thereto; (d) maintainprovided, repairhowever, operate and monitor (or cause except in the applicable utility provider case of an emergency, Landlord shall attempt to do reasonably schedule any such entry with Tenant so that it has the same) opportunity to have a representative present during such entry. During the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices progress of non-responsibility or other protective notices if available under applicable Laws; or (f) from time to time, undertake additional improvements any necessary repairs to the Building as Premises or the Building, Landlord deems reasonably necessary will attempt not to perform Landlord’s obligations under this Lease or to comply with Law. inconvenience Tenant, but Landlord may shall not be liable in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability manner to Tenant by reason of such closure entry or the performance of repair work in the Premises and the obligations of Tenant hereunder shall not thereby be affected (except as expressly provided herein). Landlord acknowledges and understands that certain operations of Tenant within the Premises may involve the use of confidential information or have sensitive equipment (such as the server room), and that such areas within the Premises may be designated by Tenant as secure areas. In recognition of such needs by Tenant, Landlord shall provide Tenant an opportunity to have an employee of Tenant accompany Landlord during any entry into the Premises by Landlord unless an employee of Tenant is not available to do so, and that in entering into any areas within the Premises which Tenant has designated to Landlord as secured areas, Landlord shall be accompanied, in any event, by an employee of Tenant, except in the case of any such an emergency.
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Samples: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)
Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents its authorized representatives may during reasonable times and upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Leased Premises to: (a) inspect at any time to inspect, make repairs, replacements and improvements to or installations in the Leased Premises and/or audit or any Building system or facility which Landlord may deem necessary or reasonably desirable or to perform following Tenant’s records failure to verify that Tenant has complied with its obligations make repairs or perform under this Lease andor for the purpose of complying with laws, subject regulations and other directions of governmental authorities or to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Leased Premises to prospective purchasers, mortgagees andinvestors, encumbrancers, tenants (but with respect to tenants, only during the last eighteen twelve (1812) months of the Term, tenants; (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; parties, or (f) from time to time, undertake additional improvements to the Building as for any other purpose Landlord deems reasonably necessary, and may, in such event, take any necessary materials and equipment into the Leased Premises and store within the Leased Premises such necessary equipment and materials without the same constituting an eviction. Tenant shall not be entitled to perform Landlord’s obligations under this Lease any abatement of Rent while such work is in progress or to comply with Law. Landlord may in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant damages by reason of such closure loss or interruption of business or otherwise. In the event Landlord so enters the Leased Premises, it shall:
(a) except in the case of emergency, give Tenant reasonable advance notice of such entry;
(b) so effect such repairs (except emergency repairs) and installations and store such equipment and materials as to minimize, so far as practicable, interference with Tenant’s normal business operations (but Landlord shall not be obligated to effect such repairs or installations before or after Business Hours); and
(c) with reasonable promptness, restore the portion of the Leased Premises adversely affected by such repairs or installations. If Tenant is not present to open and permit entry into the Leased Premises, Landlord or its authorized representatives may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If prior to the expiration of the Term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Leased Premises without limitation or abatement of Rent, or incurring liability to Tenant for any compensation and such emergencyact shall have no effect on this Lease or Tenant’s obligations thereunder.
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Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, (a) Landlord and Landlord’s Agents its authorized representatives may during at all reasonable times during Business Hours and upon at least twenty-four (24) hours’ prior written reasonable notice to Tenant and only if accompanied by a representative of Tenant (provided, Tenant shall make such representative available during any reasonable time) enter the Premises to: (a) inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral AgreementsPremises; (b) subject show the Premises to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, prospective purchasers and inspect records and data relevant to the Development Servicesmortgagees; (c) show the Premises to prospective purchasers, mortgagees and, tenants (but only during the last eighteen (18) 12 months of the Term, tenantsTerm or at any time following an Event of Default); (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable the Laws; or (fe) from exercise and perform Landlord’s rights and obligations under this Lease.
(b) In addition, because the loading dock is located within the Premises, Tenant shall staff the loading dock during all Business Hours and at such time to time, undertake additional improvements or times as deliveries are made to the Building as Landlord deems reasonably necessary to perform for recipients other than Tenant, Tenant shall promptly notify Landlord’s obligations under this Lease designated representative by telephone (or to comply with Lawother immediate means) of such delivery. Landlord may shall designate two or three persons as its representatives, which persons shall be subject to Tenant’s reasonable approval. Such approved designated representatives of Landlord shall have the right of ingress and egress to and from the loading dock from the Garage through a secured corridor (and only a secured corridor) in the lower level of the Premises to the loading dock (as more particularly shown on the Lower Level sheet of the Floor Plan) for the purpose of taking receipt of such delivery, and Landlord shall promptly take receipt of such delivery following such notice to Landlord’s designated representative. Such approved designated representatives of Landlord shall only be permitted to enter upon the Premises through the secured corridor when accompanied by one or more representatives of Tenant, whom Tenant agrees to make available during Business Hours. Landlord agrees to indemnify, defend and hold harmless Tenant from and against all claims, actions, liabilities, damages (excluding consequential, punitive, incidental, special and similar type damages, except to the extent such consequential, punitive, incidental, special and similar type damages are claimed by third parties), costs, penalties, forfeitures, losses or expenses, including, without limitation, reasonable attorneys’ fees, resulting from or relating to any injury to person or damage to or loss of property sustained by Tenant in connection with Landlord’s use of, and ingress and egress to and from, the loading dock to the extent caused by Landlord or Landlord’s agents, contractors, or employees, provided Tenant tenders defense of any claim subject to Landlord’s indemnity in sufficient time to avoid prejudice to Landlord for handling by counsel of Landlord’s selection and reasonably acceptable to Tenant.
(c) Landlord acknowledges that the nature of Tenant’s business and the proprietary and confidential nature of Tenant’s business requires significant security measures be implemented by Tenant to restrict access to the Premises. Landlord, in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss poses an immediate threat to the safety of life any persons or material damage to property) the Property, the Building, the Premises, the property of Tenant or any other tenant of the Building, may enter the Premises without with such notice to Tenant for which is reasonable under the purpose of protecting life or propertycircumstances. No such Landlord’s entry shall into the Premises is not to be construed to be as a forcible or unlawful entry into, or a detainer of, the Premises, Premises or as an eviction of Tenant from all or any part of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant by reason of such closure in the case of any such emergency.
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Landlord’s Entry. Subject to the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents its authorized representatives may during reasonable times and upon at least twenty-four (24) hours’ prior written notice to Tenant enter the Leased Premises to: (a) inspect at any time to inspect, make repairs, replacements and improvements to or installations in the Leased Premises and/or audit or any Building system or facility which Landlord may deem necessary or reasonably desirable or to perform following Tenant’s records failure to verify that Tenant has complied with its obligations make repairs or perform under this Lease andor for the purpose of complying with laws, subject regulations and other directions of governmental authorities or to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreements; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (c) show the Leased Premises to prospective purchasers, mortgagees andinvestors, encumbrancers, tenants (but with respect to tenants, only during the last eighteen twelve (1812) months of the Term, tenants; (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (e) post notices of non-responsibility or other protective notices if available under applicable Laws; parties, or (f) from time to time, undertake additional improvements to the Building as for any other purpose Landlord deems reasonably necessary, and may, in such event, take any necessary materials and equipment into the Leased Premises and store within the Leased Premises such necessary equipment and materials without the same constituting an eviction. Tenant shall not be entitled to perform Landlord’s obligations under this Lease any abatement of Rent while such work is in progress or to comply with Law. Landlord may in the event of any emergency (which means a sudden or unanticipated event which may cause injury, loss of life or material damage to property) enter the Premises without notice to Tenant for the purpose of protecting life or property. No such entry shall be construed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Landlord may temporarily close entrances, doors, corridors, elevators or other facilities without liability to Tenant damages by reason of such closure loss or interruption of business or otherwise. In the event Landlord so enters the Leased Premises, it shall:
(a) except in the case of emergency, give Tenant reasonable advance notice of such entry;
(b) so effect such repairs ( except emergency repairs) and installations and store such equipment and materials as to minimize, so far as practicable, interference with Tenant’s normal business operations (but Landlord shall not be obligated to effect such repairs or installations before or after Business Hours); and
(c) with reasonable promptness, restore the portion of the Leased Premises adversely affected by such repairs or installations. If Tenant is not present to open and permit entry into the Leased Premises, Landlord or its authorized representatives may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant’s property and such entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If prior to the expiration of the Term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Landlord may immediately enter, alter, renovate or redecorate the Leased Premises without limitation or abatement of Rent, or incurring liability to Tenant for any compensation and such emergencyact shall have no effect on this Lease or Tenant’s obligations thereunder.
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Landlord’s Entry. Subject to Landlord reserves the terms of Sections 9.5 and 9.6, without limiting the terms of Section 5.5, Landlord and Landlord’s Agents may during right at all reasonable times and upon at least twenty-four reasonable Notice (24but no less than one business day prior Notice except in the event of an emergency) hours’ prior written notice to Tenant to enter the Premises to: to (ai) inspect the Premises and/or audit Tenant’s records to verify that Tenant has complied with its obligations under this Lease and, subject to any limitations set forth in the Collateral Agreements, its obligations under the Collateral Agreementsthem; (b) subject to any limitations set forth in the Collateral Agreements, perform quality assurance audits, observe progress of the Development Services, discuss the Development Services with relevant Tenant personnel, and inspect records and data relevant to the Development Services; (cii) show the Premises to prospective purchasers, mortgagees and, or to the lessors designated in ground or underlying leases; (iii) show the Premises to prospective tenant(s) at the Premises (but only during the last final eighteen (18) months of the Term, tenantsLease Term if Tenant does not timely exercise any applicable Option to Extend); (d) maintain, repair, operate and monitor (or cause the applicable utility provider to do the same) the Roof Solar Array, Fuel Cell and Electrical Substation; (eiv) post notices of non-responsibility or responsibility; (v) perform the obligations of Landlord under Section 7.1 and Articles XI and XIII; (vi) to determine whether Tenant is performing its required maintenance and repair of the Premises and other protective notices if available under applicable Lawsobligations hereunder; or (fvii) from time for any other purpose as Landlord may reasonably deem necessary or desirable. Unless an emergency involving the threat of imminent harm to timepersons or any of the Premises exists or the circumstances described in the following sentence exist, undertake Tenant may establish as a condition to Landlord’s entry into the Premises the requirement that a representative of Tenant shall be entitled to accompany Landlord’s employees, agents or contractors at all times that they are present on the Premises and that, if Landlord performs any construction, alteration or repair work at the Premises, Landlord be required to deliver, or cause Landlord’s contractors to deliver, a certificate of insurance evidencing a commercially reasonable amount of commercial general liability insurance coverage naming Landlord as named insured, and naming Tenant as an additional improvements insured thereunder. Notwithstanding anything to the Building as contrary contained in this Article XXIV, Landlord deems reasonably necessary may enter the Premises at any time after Tenant’s receipt of any required Notice to (x) take possession following the occurrence of an Lease Event of Default in the manner provided in Article XIX, and (y) perform Landlord’s obligations under this Lease or any covenants of Tenant that Tenant fails to comply with Lawperform. Landlord may make those entries without the abatement of Rent and may take such reasonable steps as may be necessary to accomplish the stated purposes; Landlord will, however, use commercially reasonable efforts to accomplish each entry as expeditiously as reasonably practicable and in a manner so as to cause as little interference to the conduct of Tenant’s business on the Premises as reasonably possible. For each of the above purposes, Landlord will have at all times keys with which to unlock all the doors in the event of Premises, excluding Tenant’s vaults, safes and special security areas that Tenant designates in advance. In an emergency, Landlord has the right to use any emergency (which means a sudden or unanticipated event which that Landlord may cause injuryreasonably deem proper to open the doors in and to the Premises, loss of life or material damage but such right does not imply an obligation to property) enter respond to any emergency. Any entry into the Premises without notice to Tenant for in the purpose of protecting life or property. No such entry shall be construed to be manner described above in this Article XXIV will not constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an actual or constructive eviction of Tenant from any portion of the Premises. Landlord may temporarily close entrances, doors, corridors, elevators The terms of Section 10.4 of this Lease will apply to any damages or other facilities without liability to loss Tenant sustains by reason of such closure in Landlord’s entry into the case Premises on the authority of this Article XXIV. Landlord shall not, during its exercise of any rights under this Lease, unreasonably interfere with Tenant’s use or occupancy of the Premises for the operation of its business, and shall perform any materially, disruptive repair work during non-business hours, when practicable in Landlord’s reasonable discretion (except for emergency repairs). Upon request of Landlord, Tenant shall make available to Landlord such emergencyrepair and maintenance books and records, and existing plans and specifications, as may be reasonably necessary for Landlord to perform any of the actions described in this Section 24.1.
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