LANDLORD'S RIGHT OF ACCESS. Landlord shall have the right with reasonable prior notice to Tenant and at times reasonably convenient to Landlord and Tenant, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.
Appears in 3 contracts
Samples: Lease Agreement (Embassy Bancorp, Inc.), Lease Agreement (Embassy Bancorp, Inc.), Lease Agreement (Embassy Bancorp, Inc.)
LANDLORD'S RIGHT OF ACCESS. (a) Landlord shall have and Landlord's representatives may enter the right with reasonable prior Leased Property, after five (5) Business Days advance written notice to Tenant and (except in the event of an emergency, when no advance notice will be required), for the purpose of making inspections or performing any work Landlord is authorized to undertake by the next subparagraph. So long as Tenant remains in possession of the Leased Property, Landlord or Landlord's representative will, before making any such inspection or performing any such work on the Leased Property, if then requested to do so by Tenant to maintain Tenant's security: (i) sign in at times reasonably convenient to Tenant's security or information desk if Tenant has such a desk on the premises, (ii) wear a visitor's badge or other reasonable identification provided by Tenant when Landlord and Tenantor Landlord's representative first arrives at the Leased Property, and accompanied by a representative (iii) permit an employee of Tenant to make access available observe such inspection or work, and (iv) comply with other similar reasonable nondiscriminatory security requirements of Tenant that do not, individually or in the aggregate, interfere with or delay inspections or work of Landlord authorized by this Lease.
(b) If Tenant fails to prospective or existing mortgagees or purchasers of perform any part of the Shopping Center act or to inspect the Premises to determine if repairs are required. If repairs are take any action which hereunder Tenant is required to be made by perform or take, or to pay any money which hereunder Tenant pursuant is required to the terms hereof, Landlord may by notice demand that Tenant make the same forthwithpay, and if Tenant refuses such failure or neglects action constitutes an Event of Default or renders Landlord or any director, officer, employee or Affiliate of Landlord at risk of criminal prosecution or renders Landlord's interest in the Leased Property or any part thereof at risk of forfeiture by forced sale or otherwise, then in addition to commence such repairs and complete the same with reasonable dispatch, after such demandany other remedies specified herein or otherwise available, Landlord may, in Tenant's name or in Landlord's own name, perform or cause to be performed such act or take such action or pay such money. Any expenses so incurred by Landlord, and any money so paid by Landlord, shall be a demand obligation owing by Tenant to Landlord. Further, Landlord, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. But nothing herein shall imply any duty upon the part of Landlord to do any work which under any provision of this Lease Tenant may (but shall not be required to do so) make perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default. Landlord may during the progress of any such work permitted by Landlord hereunder on or cause in the Leased Property keep and store upon the Leased Property all necessary materials, tools, and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant or the subtenants of Tenant by reason of making such repairs to be made (at or the performance of any such times and in such manner as to minimize any interference with Tenant's business operations work on or in the PremisesLeased Property, or on account of bringing materials, supplies and equipment into or through the Leased Property during the course of such work (except for liability in connection with death or injury or damage to the property of third parties caused by the Active Negligence, gross negligence or wilful misconduct of Landlord or its officers, employees, or agents in connection therewith), and the Landlord obligations of Tenant under this Lease shall not thereby be responsible for affected in any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredmanner.
Appears in 2 contracts
Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp)
LANDLORD'S RIGHT OF ACCESS. Tenant shall permit Landlord shall have the right with and its employees and agents, at all reasonable times upon reasonable (not less than 24 hours’) prior notice to Tenant notice, and at times reasonably convenient any time and without notice in case of emergency, (a) to Landlord enter into and Tenant, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect upon the Premises to determine if repairs are requiredinspect them, to protect the Landlord’s interest therein, or to post notices of non-responsibility, (b) to take all necessary materials and equipment into the Premises, and perform necessary work therein, and (c) to perform periodic environmental audits, inspections, investigations, testing and sampling of the Premises, and to review and copy any documents, materials, data, inventories, financial data, notices or correspondence to or from private parties or governmental authorities in connection therewith. If repairs are required No such work shall cause or permit any rebate of Rent to be made by Tenant pursuant for any loss of occupancy or quiet enjoyment of the Premises, or damage, injury or inconvenience thereby occasioned, or constitute constructive eviction; provided, however, that Landlord shall, in connection with any entry into the Premises, employ commercially reasonable efforts to minimize any disturbance of Tenant’s conduct of its business from the Premises. Landlord may at any time, place on or about the Premises any ordinary “for sale” and, during the last twelve (12) months of the Term, “for lease” signs. Tenant shall also permit Landlord and its employees and agents, upon request, to enter the Premises or any part thereof, at reasonable times during normal business hours upon reasonable prior notice, to show the Premises to any fee owners, lessors of superior leases, holders of encumbrances on the interest of Landlord under the Lease, or prospective purchasers, or mortgagees. During the period of twelve (12) months prior to the terms hereofexpiration date of this Lease, Landlord may by notice demand that Tenant make exhibit the same forthwith, and if Tenant refuses or neglects Premises to commence such repairs and complete the same with reasonable dispatch, after such demandprospective tenants. In all cases, Landlord may shall exercise commercially reasonable efforts (but shall not be required to do sotaking into account the circumstances associated with Landlord’s entry and with Tenant’s Agreed Use of the Premises) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's ’s business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business caused by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredentry.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Lifetime Brands, Inc)
LANDLORD'S RIGHT OF ACCESS. Landlord and its agents shall have the right right, after providing Tenant with twenty-four (24) hours advance notice, to (a) enter the Premises at all reasonable prior notice times for the purpose of examining or inspecting the same to Tenant and at times reasonably convenient ascertain if they are in good repair, making such alterations, repairs, improvements or additions to the Premises as Landlord and Tenant, and accompanied by a representative of Tenant may be permitted to make access available hereunder, exhibiting the same to prospective or existing mortgagees or purchasers of and posting notices which Landlord may deem necessary for its protection and (b) at any part time in an emergency. During the six (6) months prior to the end of the Shopping Center term of this lease (and during any period during which Tenant is holding over with or to inspect without the consent of Landlord), Landlord may post the usual “for rent” or “for lease” signs provided that the placement of such signs does not interfere with Tenant’s reasonable use of the Premises. Tenant shall not disturb such signs and shall cooperate with Landlord in exhibiting the Premises to determine if repairs are requiredprospective tenants. If repairs are required Access by Landlord hereunder shall not, under the circumstances, unreasonably interfere with Tenant’s use and enjoyment of the Premises and Tenant waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, occupancy or quiet enjoyment arising out of any permitted entry by Landlord. Tenant acknowledges that Landlord may retain a key to the Premises and may, in any emergency, enter the Premises in any manner which Landlord reasonably determines to be made necessary, without liability therefor to Tenant. No entry by Tenant Landlord pursuant to the terms hereof, Landlord may by notice demand that Section shall be deemed to constitute an eviction of Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in a forcible detainer of the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.
Appears in 2 contracts
Samples: Lease (Guess Inc), Lease (Guess Inc)
LANDLORD'S RIGHT OF ACCESS. 12.1 Landlord and Landlord's agents and representatives shall have the right with reasonable prior notice to Tenant and enter the Demised Premises at times reasonably convenient to Landlord and Tenantany time in case of an emergency, and otherwise at all reasonable times upon reasonable advance oral or written notice for any purpose permitted pursuant to the terms of this lease, including, but not limited to, examining the Demised Premises; making such repairs or alterations therein as may be necessary or appropriate in Landlord's sole judgment for the safety and preservation thereof; erecting, installing, maintaining, repairing or replacing wires, cables, conduits, vents, ducts, risers, pipes, HVAC equipment or plumbing equipment running in, to, or through the Demised Premises; showing the Demised Premises to prospective purchasers or mortgagees and during the last year of this lease, prospective tenants; and posting notices of nonresponsibility. Except in the event of an emergency, Landlord's agents and representatives shall be accompanied by a representative of Tenant whenever they enter the Demised Premises. Tenant shall use reasonable efforts to make access available to prospective or existing mortgagees or purchasers of any part accommodate Landlord's requests for accompanied entry of the Shopping Center or to inspect Demised Premises.
12.2 If requested in writing by Landlord, Tenant shall give Landlord a key for all of the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to doors for the terms hereofDemised Premises, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with excluding Tenant's business operations in the Premises)vaults, safes and the files. Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay use any and all means to open the doors to the Tenant the cost thereof. In the event of Demised Premises in an emergency where something is required to be done forthwith in order to avoid damage, either party shall have obtain entry thereto without liability to Tenant therefor. Any entry to the Demised Premises by Landlord by any of the foregoing right of self-help without the requirement of formal notice; howevermeans, this emergency right as well as the foregoing right of self-help or otherwise, shall not be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should construed or deemed to be given sufficient opportunity so to do in order to avoid any conflict with respect to whether a forcible or not self-help should have been invoked unlawful entry into or with respect to the reasonableness a detainer of the expenses thus incurredDemised Premises, or an eviction, partial eviction or constructive eviction of Tenant from the Demised Premises or any portion thereof, and shall not relieve Tenant of its obligations hereunder.
Appears in 2 contracts
Samples: Industrial Complex Lease (Ariba Inc), Sublease (Ariba Inc)
LANDLORD'S RIGHT OF ACCESS. Landlord shall have the right with Upon reasonable prior notice to notice, Tenant will permit Landlord and its agents at all reasonable times during normal business hours and at times reasonably convenient to Landlord and Tenantany time without notice in case of emergency, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in cause as little disturbance to Tenant as reasonably practicable, (a) to enter into and upon the Premises to inspect and protect the Landlord’s interest therein, (b) to post notices of non-responsibility, (c) to take all required materials and equipment into the Premises), and (d) to perform all required work therein, including the erection of scaffolding, props, or other mechanical devices, for the purpose of making alterations, repairs or additions to the Premises or to any other portion of the Shopping Center. Such work may include, without limitation, work called for by this Lease, or as may be mutually agreed upon by the parties, or as Landlord may be required to make by law or for maintaining any service provided by Landlord to Tenant hereunder, including, but not limited to, window cleaning and janitor service. No such work shall not be responsible cause or permit any rebate of Rent to Tenant for any loss of occupancy or damage to Tenant's business by reason thereof except if such loss or damage arises out quiet enjoyment of the negligence Premises, or damage, injury or inconvenience thereby occasioned, unless due to Landlord’s breach of this Lease. Tenant shall also permit Landlord as provided herein. If Landlord makes and its agents, upon reasonable prior request, to enter the Premises or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost any part thereof, and if it shall default in such paymentat reasonable times during normal business hours to show the Premises to the fee owners, Landlord shall have holders of encumbrances on the remedies provided for the non-payment interest of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms Lease, or prospective purchasers, mortgagees or lessees of the Shopping Center as an entirety, and during the period of six (6) months prior to the expiration date of this Lease, and it fails or refuses Landlord may exhibit the Premises to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant prospective tenants. Landlord shall also have the right to make enter on and/or pass through the Premises, or any part thereof, at such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right times as well as the foregoing right of self-help such entry shall be carefully and judiciously exercised required by either party, it being understood and agreed that wherever possible, circumstances of emergency affecting the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid Premises or any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness other portion of the expenses thus incurredShopping Center.
Appears in 1 contract
LANDLORD'S RIGHT OF ACCESS. Landlord and any other party designated by Landlord shall have the right with to enter the Premises at all reasonable prior notice times (a) to Tenant and at times reasonably convenient examine the Leased Property, (b) to Landlord and Tenant, and accompanied by a representative show all or any portion of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are requiredprospective Tenants, subtenants or licensees and (c) to make such repairs, alterations, or additions to all or any portion of the Leased Property as may be deemed necessary or desirable by the Landlord to remedy instances of discovered neglect and/or severe damage to the Leased Property or to preclude wasting, deterioration, or further damage to the Leased Property, (i) as Landlord may deem necessary or appropriate or (ii) which Landlord may elect to perform following Tenant's failure to perform. If repairs are required to be made by Tenant Notwithstanding the provisions of this Section, whenever, pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails Landlord is permitted or refuses obligated to make such enter the Leased Property, whether for purpose of making repairs, within exhibiting the same to prospective tenants, or for any other purpose, such entry shall be on the following terms and conditions: (a) upon at least three (3) business days prior written notice to Tenant (except in an emergency), (b) during regular business hours, (c) in such a reasonable time after notice from Tenant manner so as to minimize interference with the conduct of the need for such repairsTenant's business; provided, then that Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay reschedule the visit to a reasonable time if the visit would interfere with Tenant's business, and (d) Landlord's and Tenant's access to the Tenant Leased Property is subject to compliance with all applicable background screening requirements of state and federal law. Notwithstanding anything herein to the cost thereof. In contrary, at any time that all or any portion of the event of an emergency where something Leased Property is required to be done forthwith in order to avoid damagenot being used for school-related purposes (such as after Charter School hours, either party weekends, etc.), the Landlord shall have the foregoing right of self-help to enter and occupy the Premises, or such portion thereof, including, without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possiblelimitation, the party initially responsible right to sublease or license the use of same for taking any lawful purpose. Landlord shall provide Tenant advance notice of such action should be given sufficient opportunity so use to do in order to avoid ensure the availability of all or any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness portion of the expenses thus incurredLeased Property. Landlord shall not use or allow the use or occupancy of the Leased Property for any unlawful purpose nor shall Landlord do or permit any act or thing at the Leased Property which would constitute a public or private nuisance or waste.
Appears in 1 contract
Samples: Lease Agreement
LANDLORD'S RIGHT OF ACCESS. Landlord or its authorized agents shall at any and all reasonable times have the right to enter the Premises at all reasonable hours to inspect the same, or to perform any obligation of Landlord hereunder, or to show the Premises to prospective purchasers, lenders or tenants, all without being deemed guilty of an eviction of Tenant and without abatement of Rent; provided the business of Tenant shall be interfered with as little as is reasonably practicable. Tenant hereby waives any claim for damages for any injury or inconveniences to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby resulting from Landlord’s exercise of its rights hereunder, except to the extent caused by the negligent acts, willful misconduct or breach of this Lease by Landlord or any of its agents, employees, contractors or representatives. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes. Landlord shall have the right to use any and all means which Landlord may deem proper to open any door(s) in an emergency without liability therefor. In exercising its rights hereunder, Landlord shall comply with reasonable prior notice to Tenant all applicable laws (including, without limitation, the Health Insurance Portability and at times reasonably convenient to Landlord and TenantAccountability Act of 1996, as amended, and accompanied by a representative of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make the same forthwithall related regulations), and if Tenant refuses any standard or neglects to commence such repairs and complete the same requirements of The Joint Commission or similar body with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with oversight over Tenant's business ’s operations in the Premises), and the Landlord shall not be responsible for enter any loss patient rooms or damage to treatment areas without Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein’s approval. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event accompany Landlord agrees that it will on demand pay and its agents, employees, contractors, lenders, prospective purchasers, lenders and tenants whenever they enter the Premises, and Landlord shall coordinate with Tenant prior to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredexercising its rights hereunder.
Appears in 1 contract
LANDLORD'S RIGHT OF ACCESS. Landlord and its agents, employees and any person authorized by Landlord shall have the right with to enter the Premises (a) at all reasonable prior times during business hours, after reasonable advance notice, for the purpose of examining or inspecting the same to ascertain if they are in good repair, making such alterations, repairs, improvements or additions to the Premises or the Building as Landlord may be required or permitted to make hereunder, exhibiting the Premises to prospective purchasers and posting notices which Landlord may deem necessary for its protection and (b) at any time after reasonable notice to (which may be via telephone) in an emergency, provided that Tenant and at times reasonably convenient to Landlord and Tenant, and accompanied by may require that a representative of Tenant accompany Landlord or Landlord’s contractor during any entry into the Premises. During the six (6) months prior to make access available to prospective or existing mortgagees or purchasers of any part the end of the Shopping Center or to inspect Term, Tenant shall cooperate with Landlord in exhibiting the Premises to determine if repairs are requiredprospective tenants. If repairs are required Landlord shall exercise its rights hereunder in a manner designed to reasonably minimize interference with Xxxxxx’s use and enjoyment of the Premises. Provided that Landlord complies with the restrictions set forth herein, Xxxxxx waives any claim for damages for any injury or inconvenience to or interference with Xxxxxx’s business, occupancy or quiet enjoyment arising out of any permitted entry by Xxxxxxxx. Tenant acknowledges that Landlord will not retain a key to the Premises and may, in any emergency, enter the Premises in any manner which Landlord determines to be made necessary, without liability therefor to Tenant. Landlord acknowledges that special security procedures may be in place at the Premises such that Xxxxxxxx’s entry into the Premises outside of normal business hours without a representative of Tenant or of the local police agency may result in a confrontation with police. No entry by Tenant Landlord pursuant to the terms hereof, Landlord may by notice demand that this Section shall be deemed to constitute an eviction of Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in a forcible detainer of the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurred.
Appears in 1 contract
Samples: Lease Agreement
LANDLORD'S RIGHT OF ACCESS. (a) Landlord shall have and Landlord's representatives may enter the right with reasonable prior Leased Property , after five (5) Business Days advance written notice to Tenant and (except in the event of an emergency, when no advance notice will be required), for the purpose of making inspections or performing any work Landlord is authorized to undertake by the next subparagraph. So long as Tenant remains in possession of the Leased Property, Landlord or Landlord's representative will, before making any such inspection or performing any such work on the Leased Property, if then requested to do so by Tenant to maintain Tenant's security: (i) sign in at times reasonably convenient to Tenant's security or information desk if Tenant has such a desk on the premises, (ii) wear a visitor's badge or other reasonable identification provided by Tenant when Landlord and Tenantor Landlord's representative first arrives at the Leased Property, and accompanied by a representative (iii) permit an employee of Tenant to make access available observe such inspection or work, and (iv) comply with other similar reasonable nondiscriminatory security requirements of Tenant that do not, individually or in the aggregate, interfere with or delay inspections or work of Landlord authorized by this Lease.
(b) If Tenant fails to prospective or existing mortgagees or purchasers of perform any part of the Shopping Center act or to inspect the Premises to determine if repairs are required. If repairs are take any action which hereunder Tenant is required to be made by perform or take, or to pay any money which hereunder Tenant pursuant is required to the terms hereof, Landlord may by notice demand that Tenant make the same forthwithpay, and if Tenant refuses such failure or neglects action constitutes an Event of Default or causes Landlord or any director, officer, employee or Affiliate of Landlord to commence such repairs and complete be threatened with criminal prosecution or renders Landlord's interest in the same with reasonable dispatchLeased Property or any part thereof at risk of forfeiture by forced sale or otherwise, after such demandthen in addition to any other remedies specified herein or otherwise available, Landlord may, perform or cause to be performed such act or take such action or pay such money. Any expenses so incurred by Landlord, and any money so paid by Landlord, shall be a demand obligation owing by Tenant to Landlord. Further, Landlord, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. But nothing herein shall imply any duty upon the part of Landlord to do any work which under any provision of this Lease Tenant may (but shall not be required to do so) make perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default. Landlord may during the progress of any such work permitted by Landlord hereunder on or cause in the Leased Property keep and store upon the Leased Property all necessary materials, tools, and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant or the subtenants of Tenant by reason of making such repairs to be made (at or the performance of any such times and in such manner as to minimize any interference with Tenant's business operations work on or in the PremisesLeased Property, or on account of bringing materials, supplies and equipment into or through the Leased Property during the course of such work (except for liability in connection with death or injury or damage to the property of third parties caused by [and attributed by any applicable principles of comparative fault to] the Misconduct of Landlord), and the Landlord obligations of Tenant under this Lease shall not thereby be responsible for affected in any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredmanner.
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LANDLORD'S RIGHT OF ACCESS. (a) Landlord shall have and Landlord's representatives may enter the right with reasonable prior Leased Property, after five (5) Business Days advance written notice to Tenant and (except in the event of an emergency, when no advance notice will be required), for the purpose of making inspections or performing any work Landlord is authorized to undertake by the next subparagraph. So long as Tenant remains in possession of the Leased Property, Landlord or Landlord's representative will, before making any such inspection or performing any such work on the Leased Property, if then requested to do so by Tenant to maintain Tenant's security: (i) sign in at times reasonably convenient to Tenant's security or information desk if Tenant has such a desk on the premises, (ii) wear a visitor's badge or other reasonable identification provided by Tenant when Landlord and Tenantor Landlord's representative first arrives at the Leased Property, and accompanied by a representative (iii) permit an employee of Tenant to make access available observe such inspection or work, and (iv) comply with other similar reasonable nondiscriminatory security requirements of Tenant that do not, individually or in the aggregate, interfere with or delay inspections or work of Landlord authorized by this Lease.
(b) If Tenant fails to prospective or existing mortgagees or purchasers of perform any part of the Shopping Center act or to inspect the Premises to determine if repairs are required. If repairs are take any action which hereunder Tenant is required to be made by perform or take, or to pay any money which hereunder Tenant pursuant is required to the terms hereof, Landlord may by notice demand that Tenant make the same forthwithpay, and if Tenant refuses such failure or neglects action constitutes an Event of Default or causes Landlord or any director, officer, employee or Affiliate of Landlord to commence such repairs and complete be threatened with criminal prosecution or renders Landlord's interest in the same with reasonable dispatchLeased Property or any part thereof at risk of forfeiture by forced sale or otherwise, after such demandthen in addition to any other remedies specified herein or otherwise available, Landlord may, in Tenant's name or in Landlord's own name, perform or cause to be performed such act or take such action or pay such money. Any expenses so incurred by Landlord, and any money so paid by Landlord, shall be a demand obligation owing by Tenant to Landlord. Further, Landlord, upon making such payment, shall be subrogated to all of the rights of the person, corporation or body politic receiving such payment. But nothing herein shall imply any duty upon the part of Landlord to do any work which under any provision of this Lease Tenant may (but shall not be required to do so) make perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default. Landlord may during the progress of any such work permitted by Landlord hereunder on or cause in the Leased Property keep and store upon the Leased Property all necessary materials, tools, and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant or the subtenants of Tenant by reason of making such repairs to be made (at or the performance of any such times and in such manner as to minimize any interference with Tenant's business operations work on or in the PremisesLeased Property, or on account of bringing materials, supplies and equipment into or through the Leased Property during the course of such work (except for liability in connection with death or injury or damage to the property of third parties caused by [and attributed by any applicable principles of comparative fault to] the Misconduct of Landlord in connection therewith), and the Landlord obligations of Tenant under this Lease shall not thereby be responsible for affected in any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help without the requirement of formal notice; however, this emergency right as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredmanner.
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Samples: Lease Agreement (Informix Corp)
LANDLORD'S RIGHT OF ACCESS. Landlord reserves for itself and its agents the right to enter the Premises (after advance notice except in emergencies and except to perform janitorial services) for purposes reasonably related to Landlord's operation of the Building, including, without limitation: (i) examining or inspecting the same; (ii) providing janitorial and any other service to be provided by Landlord to Tenant hereunder; (iii) showing the same to prospective tenants, purchasers or lenders (or to others who may have a financial interest in the Building) in a reasonable manner; (iv) emergency entry; (v) making such changes or repairs to the Premises or to any other portion of the Building as Landlord may deem necessary or desirable; and (vi) showing the Premises to prospective tenants, during the last one hundred eighty (180) day period before the expiration of the term or before an earlier termination of this Lease; all without being deemed to constitute or cause any eviction of Tenant and without abatement of rent. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, and Landlord shall have the right with reasonable prior notice to Tenant use any and at times all means which Landlord may reasonably convenient deem proper to Landlord and Tenantopen said doors in an emergency in order to obtain entry to the Premises, and accompanied any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a representative forcible or unlawful entry into or a detainer of the Premises, or an eviction of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect from the Premises to determine if repairs are requiredor any portion thereof. If repairs are required to be made by Tenant Whenever Landlord exercises its right of entry pursuant to the terms hereofthis Article X, Landlord may by notice demand that Tenant make shall use its reasonable efforts to maintain the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with confidentiality of Tenant's business operations in the Premises)biomedical research records, and the as required by law. No provision of this Lease shall be construed as obligating Landlord shall not be responsible for to perform any loss repairs, alterations or damage to Tenant's business by reason thereof decorations, except if such loss or damage arises out of the negligence of Landlord as otherwise expressly provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay run utility or other services and facilities through the Premises, whether to service the Premises or other portions of the Building. If, during the last month of the Term hereof, Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have removed substantially all of its property therefrom, Landlord may immediately enter and alter, renovate and redecorate the foregoing right Premises without eliminating or abating any rent hereunder or incurring any liability to Tenant. Tenant's property remaining within the Premises at the time of self-help without the requirement of formal notice; howeversuch entry by Landlord may be warehoused by Landlord at Tenant's sole cost, this emergency right as well as the foregoing right of self-help shall be carefully expense and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredrisk.
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LANDLORD'S RIGHT OF ACCESS. Landlord reserves for itself and its agents the right to enter the Premises (after advance notice except in emergencies and except to perform janitorial services) for purposes reasonably related to Landlord’s operation of the Buildings, including, without limitation: (i) examining or inspecting the same; (ii) providing janitorial and any other service to be provided by Landlord to Tenant hereunder; (iii) showing the same to prospective tenants, purchasers or lenders (or to others who may have a financial interest in the Buildings) in a reasonable manner; (iv) emergency entry; (v) making such changes or repairs to the Premises or to any other portion of the Buildings as Landlord may deem necessary or desirable; and (vi) showing the Premises to prospective tenants, during the last one hundred eighty (180) day period before the expiration of the term or before an earlier termination of this Lease; all without being deemed to constitute or cause any eviction of Tenant and without abatement of rent. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, and Landlord shall have the right with reasonable prior notice to Tenant use any and at times all means which Landlord may reasonably convenient deem proper to Landlord and Tenantopen said doors in an emergency in order to obtain entry to the Premises, and accompanied any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a representative forcible or unlawful entry into or a detainer of the Premises, or an eviction of Tenant to make access available to prospective or existing mortgagees or purchasers of any part of the Shopping Center or to inspect from the Premises to determine if repairs are requiredor any portion thereof. If repairs are required to be made by Tenant Whenever Landlord exercises its right of entry pursuant to the terms hereofthis Article X, Landlord may shall use its reasonable efforts to maintain the confidentiality of Tenant’s biomedical research records, as required by notice demand that Tenant make the same forthwithlaw. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, and if Tenant refuses alterations or neglects to commence such repairs and complete the same with reasonable dispatchdecorations, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner except as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as otherwise expressly provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms of this Lease, and it fails or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs in which event Landlord agrees that it will on demand pay run utility or other services and facilities through the Premises, whether to service the Premises or other portions of the Buildings. If, during the last month of the Term hereof, Tenant the cost thereof. In the event of an emergency where something is required to be done forthwith in order to avoid damage, either party shall have removed substantially all of its property therefrom, Landlord may immediately enter and alter, renovate and redecorate the foregoing right Premises without eliminating or abating any rent hereunder or incurring any liability to Tenant. Tenant’s property remaining within the Premises at the time of self-help without the requirement of formal notice; howeversuch entry by Landlord may be warehoused by Landlord at Tenant’s sole cost, this emergency right as well as the foregoing right of self-help shall be carefully expense and judiciously exercised by either party, it being understood and agreed that wherever possible, the party initially responsible for taking such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect to the reasonableness of the expenses thus incurredrisk.
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LANDLORD'S RIGHT OF ACCESS. Landlord Landlord, its agents, servants and employees shall have the right to enter the Demised Premises during business hours (or any time in the event of an emergency after such notice, if any, as is feasible under the circumstances), with reasonable prior frequency, upon reasonable notice to Tenant and at times reasonably convenient to Landlord and in the presence of Tenant, and accompanied by a representative 's personnel (except in the event of Tenant to make access available to prospective or existing mortgagees or purchasers an emergency) for the purpose of any part of the Shopping Center or to inspect the Premises to determine if repairs are required. If repairs are required to be made by Tenant pursuant to the terms hereof, Landlord may by notice demand that Tenant make inspecting the same forthwith, and if to ascertain whether Tenant refuses or neglects to commence such repairs and complete is performing the same with reasonable dispatch, after such demand, Landlord may (but shall not be required to do so) make or cause such repairs to be made (at such times and in such manner as to minimize any interference with Tenant's business operations in the Premises), and the Landlord shall not be responsible for any loss or damage to Tenant's business by reason thereof except if such loss or damage arises out of the negligence of Landlord as provided herein. If Landlord makes or causes such repairs to be made, Tenant agrees that it will forthwith, on demand, pay to Landlord the reasonable cost thereof, and if it shall default in such payment, Landlord shall have the remedies provided for the non-payment of rent or other charges payable hereunder. Likewise, if any repairs are required to be made by Landlord under the terms covenants of this Lease, and it fails during business hours or refuses to make such repairs, within a reasonable time after notice from Tenant of the need for such repairs, then Tenant shall have the right to make such required repairs otherwise in which event Landlord agrees that it will on demand pay to the Tenant the cost thereof. In the event of an emergency where something is need, under special arrangements with Tenant, for the purpose of making required repairs, alterations, improvements or additions, and Landlord shall be allowed to take all materials into and upon the Demised Premises that may be done forthwith in order to avoid damage, either party shall have the foregoing right of self-help required therefor without the requirement same constituting an eviction of formal notice; howeverTenant in whole or in part, this emergency right and, except as well as the foregoing right of self-help shall be carefully and judiciously exercised by either party, it being understood and agreed that wherever possibleotherwise provided herein, the party initially responsible for taking Base Rent shall in no way axxxx while said repairs are being made by reason of loss or interruption of the business of Tenant because of the prosecution of any such action should be given sufficient opportunity so to do in order to avoid any conflict with respect to whether or not self-help should have been invoked or with respect work except to the reasonableness extent such prosecution renders more than ten percent (10%) of Tenant's Rentable Area unusable for Tenant's normal operations for a period of more than one business day. Landlord agrees to cause as little inconvenience as reasonably possible to Tenant in connection therewith. During the one hundred eighty (180) days preceding the expiration of the expenses thus incurredTerm, Tenant shall permit Landlord or Landlord's agents to show the Demised Premises to prospective tenants with reasonable frequency during business hours upon reasonable notice to Tenant and in the presence of Tenant's personnel and to place and keep in one or more conspicuous places within the parking/landscaped area of the Property, not interfering with Tenant's use of the Property, a sign in the usual form "To Let", and at any time a sign in the usual form "For Sale", which signs Tenant shall permit to remain thereon without molestation.
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