Common use of LANDLORD'S RIGHT OF ENTRY Clause in Contracts

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 4 contracts

Samples: Industrial Lease Agreement (Daisytek International Corporation /De/), Industrial Lease Agreement (Pfsweb Inc), Industrial Lease Agreement (Daisytek International Corporation /De/)

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LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises without abatement of Rent at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, upon at least 24 hours’ prior notice to Tenant which may be given by telephone or electronic mail (except in the case of an emergencyemergencies when no advance notice shall be required), Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply (a) to supply any duty upon the part of service to be provided by Landlord to do any work required of Tenant hereunder, (b) to show the Premises to Landlord’s Mortgagee and to prospective purchasers, mortgagees and during the performance thereof by last 18 months of the Term) tenants, (c) to inspect, alter, improve or repair the Premises and any portion of the Property, (d) to introduce conduits, risers, pipes and ducts to and through the Premises, and (e) to access the fifth floor mechanical space housing equipment serving the Building and other Building tenants, provided that in exercising any such right, Landlord will cause all such conduits, risers, pipes and ducts to be placed above dropped ceilings, within walls, or below floors or in closets, to the extent reasonably practicable. Tenant shall not constitute be given the opportunity to have a waiver representative of Tenant's default Tenant accompany Landlord during such entry, other than in failing to perform it. the event of an emergency or when Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage is supplying any regularly scheduled service to Tenant by reason of making hereunder. In conducting any such repairs or the performance of such work in the Demised Premises or on account of bringing materialsactivities, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with disrupt the conduct of Tenant's operations in ’s business operations. Notwithstanding the Demised Premises in making such repairs or performing such work. Landlord also foregoing, Tenant shall have the right upon reasonable to reasonably designate certain areas of the Premises, not to exceed 8,000 rentable square feet in total and not to impede access to the fifth floor mechanical space, that require limited access and strict security measures (“Secure Areas”) by written notice to Landlord from time-to-time. Landlord shall not enter the Demised Premises at all reasonable times to exhibit Secure Areas without being accompanied by a representative of Tenant, except in the Demised Premises to any prospective purchaser event of an emergency or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofwith Tenant’s prior consent. Tenant shall make such a representative available upon Landlord’s request.

Appears in 3 contracts

Samples: Lease (Codiak BioSciences, Inc.), Non Disturbance, Attornment and Subordination Agreement (Codiak BioSciences, Inc.), Non Disturbance, Attornment and Subordination Agreement (Codiak BioSciences, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit The Landlord and the its authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice entitled to enter the Demised Premises at all any reasonable times time during the Tenant’s usual business hours, after giving the Tenant at least twenty-four (24) hours’ oral or written notice thereof, (a) to inspect the Premises, (b) to exhibit the Demised Premises (i) to any existing or prospective purchaser or Mortgage thereof, or (ii) to any prospective purchaser or mortgagee thereof, or, tenant thereof during the last six (6) months of the TermTerm or upon notice to vacate the Premises by Tenant, provided that in doing so the Landlord and each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises, the Building or any part of the Project would be unreasonably jeopardized unless the Landlord were to take such action immediately, the Landlord shall not be required to give such notice to the Tenant and may enter the same at any time). Notwithstanding clause (b) above, Tenant hereby agrees that Landlord shall have access to the Premises upon at least twenty-four (24) hours’ oral or written notice to obtain entry to the remainder of the third (3rd) floor space in The Ivory Building for the purposes of exhibiting such space to prospective tenant tenants. Nothing in this section shall be deemed to impose any duty on the Landlord to make any such repair or take any such action, and the Landlord’s performance thereof shall not constitute a waiver of the Landlord’s right hereunder to have the Tenant perform such work. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or other damage sustained by the Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s obligations under this Lease shall not be affected thereby.

Appears in 3 contracts

Samples: Office Lease, Office Lease (Under Armour, Inc.), Office Lease (Under Armour, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 3 contracts

Samples: Industrial Lease Agreement (Cell Genesys Inc), Industrial Lease Agreement (Cortelco Systems Inc), Industrial Lease Agreement (Rockwell Medical Technologies Inc)

LANDLORD'S RIGHT OF ENTRY. Landlord, its agents, contractors, servants and employees may enter the Premises following reasonable notice to Tenant agrees and Landlord's good faith efforts to permit Landlord and coordinate such entry with Tenant's on-site management so as to minimize interference with Tenant's business operations (except in a case of emergency): (a) to examine the authorized representatives Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease; (c) to make repairs, alterations, improvements or additions to the Premises or to other portions of the Shopping Center as Landlord deems necessary or desirable; (d) to perform work necessary to comply with laws, ordinances, rules or regulations of any public authority or of any insurance underwriter; and (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises should Tenant fail to commence such repairs or, after commencing same, fail to diligently pursue such repairs to completion within three (3) days after written demand by Landlord. If Landlord makes any repairs which Tenant is obligated to make pursuant to the terms of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary Tenant shall pay the cost of such repairs thereto; provided thatto Landlord, except in the case as Additional Rental, promptly upon receipt of an emergencya bill xxxm Landlord for same. In exercising its right of entry herein provided, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon not materially and unreasonably interfere with the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver operation of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or business on the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofPremises.

Appears in 2 contracts

Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also (and/or its representatives) shall have ------------------------- the right upon reasonable notice to enter the Demised Premises Tenant, at all reasonable times times, to exhibit enter the Demised Premises in order to any prospective purchaser post notices; to improve, or mortgagee thereofalter the Building; to inspect or repair the Premises or the Building; and to erect scaffolding and other necessary structures in or near the Premises (provided the same do not unreasonably impair access to the Premises), or, during the Building and the Property; and to post "For Sale" signs with respect to the Building or the Property. During the last six (6) months of the Termthen current term of this Lease, Landlord (and/or its representatives) shall have the right, at all reasonable times, to enter the Premises to place "For Lease" signs on the Premises. Landlord and any purchaser, lessee or encumbrancer may enter the Premises, at all reasonable times, with respect to any existing or prospective tenant thereofsale, lease or encumbrance. Landlord shall also have the right to enter the Premises at any time, without prior notice, in those emergency situations which could involve potential injury to persons or loss of property. All of the above shall be without abatement of Rent and any such entry shall not be construed as a forcible or unlawful entry, or a detainer, or an actual or constructive eviction of Tenant from the Premises. Landlord shall perform all of Landlord's activities described in Section 34 of the Lease in a manner designed to cause the lest possible interruption to Tenant and Tenant's use of the Premises.

Appears in 2 contracts

Samples: Office Lease (Actuate Software Corp), Office Lease (Actuate Software Corp)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and Landlord's Agents shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter Tenant, except for emergencies in which case no notice shall be required, to inspect the Demised Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises at all reasonable times for sale, to exhibit show the Demised Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any prospective purchaser or mortgagee thereof, or, during reasonable time after one hundred eighty (180) days prior to the last six (6) months expiration of the Term, to place upon the Premises reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and without any prospective tenant thereofliability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant's business. Landlord shall at all times have the right to retain a key which unlocks all of the doors in the Premises, excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to use any and all means which Landlord may deem proper to open the doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not under any circumstances be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises.

Appears in 2 contracts

Samples: Cupertino Master Lease Agreement (Adforce Inc), Cupertino Master Lease Agreement (Adforce Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or purchaser, mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Pfsweb Inc), Industrial Lease Agreement (Pfsweb Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the ------------------------- authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or -------- ------- otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Mohawk Industries Inc), Industrial Lease Agreement (D & K Healthcare Resources Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees Landlord shall retain duplicate keys to permit all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises at all reasonable times hours and upon reasonable prior notice (except in an emergency, for the purposes of inspecting which no prior notice is required) to inspect and examine same, to make repairs, additions, alterations, and improvements, to exhibit the Demised Premises and Tenant's compliance with this Leaseto mortgagees, prospective mortgagees, purchasers or tenants, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in inspect the Demised Premises or on account to ascertain that Tenant is complying with all of bringing materialsits covenants and obligations hereunder, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of all without being liable to Tenant under this Lease shall not thereby be affectedin any manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant such prior notification of an entry into the Demised Premises as shall be reasonably practicable under the circumstances. Landlord shall use its reasonable efforts not to unreasonably disrupt or disturb or otherwise interfere with Tenant's operations in use of the Demised Premises in making during such repairs entry or performing such workinspections. Landlord also shall have the right upon reasonable notice be allowed to enter take into and through the Demised Premises at any and all reasonable times materials that may be required to exhibit make such repairs, additions, alterations or improvements. During such time as such work is being carried on in or about the Demised Premises to Premises, the Rent provided herein shall not abatx, xxd Tenant waives any prospective purchaser claim or mortgagee thereof, or, during the last six (6) months cause of action against Landlord for damages by reason of interruption of Tenant's business or loss of profits therefrom because of the Term, to prosecution of any prospective tenant such work or any part thereof.

Appears in 2 contracts

Samples: Lease Agreement (Profit Recovery Group International Inc), Lease Agreement (Profit Recovery Group International Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender the Mortgagee to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, them and making any necessary repairs theretothereto and performing any work therein that may be necessary by reason of Tenant's failure to make such repairs or perform any such work required of Tenant under this Lease; provided that, except in the case of an emergency, Landlord shall give the Tenant reasonable prior written notice not less than two (2) days in advance of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundersuch work, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to annoy, disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times times, upon not less than 48 hours prior notice to Tenant (which may be given by telephone), to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftenant.

Appears in 2 contracts

Samples: Suit Lease Agreement (Petco Animal Supplies Inc), Suit Lease Agreement (Petco Animal Supplies Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Premises, ascertaining Tenant's compliance with this Lease, curing any Event of Default and making any necessary repairs theretorequired to be performed by Landlord; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, thereof and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right right, upon reasonable giving prior notice (which may be given verbally) to Tenant, to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during tenant. During the last six final nine (69) months of the Term, to any prospective tenant thereofLandlord may place signs at the Demised Premises indicating that the Demised Premises is available for rent.

Appears in 2 contracts

Samples: Industrial Lease Agreement (Source Interlink Companies Inc), Industrial Lease Agreement (Source Interlink Companies Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises without abatement of Rent at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant upon reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein to Tenant (except in emergencies when no advance notice shall imply be required), (a) to supply any duty upon the part of service to be provided by Landlord to do any work required of Tenant hereunder, (b) to show the Premises to Landlord’s Mortgagee (as hereinafter defined) and to prospective purchasers, mortgagees and tenants, (c) to inspect, alter, improve or repair the performance thereof by Landlord shall not constitute a waiver Premises and any portion of Tenant's default in failing the Property, and (d) to perform it. Landlord shall not be liable for inconvenienceintroduce conduits, annoyancerisers, disturbance or other damage pipes and ducts to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during Premises, provided that in exercising any such right, Landlord will cause all such conduits, risers, pipes and ducts to be placed above dropped ceilings, within walls, or below floors or in closets, to the course thereofextent reasonably practicable. In conducting any such activities, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb unreasonably interfere with the conduct of Tenant’s business operations in or access to the Premises or Tenant’s Equipment in a manner inconsistent with first-class buildings. Notwithstanding the foregoing, Tenant may identify certain areas of the Premises not to exceed 15,000 rentable square feet in the aggregate that require limited access and special security measures (“Secure Areas”) by written notice to Landlord from time-to-time. Landlord shall not enter the Secure Areas without being accompanied by a representative of Tenant except in the event of an emergency threatening life or property or to provide services required to be provided to Tenant by Landlord pursuant to this Lease, or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work’s prior consent. Landlord also shall have cause its janitorial vendors cleaning the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to laboratory and any prospective purchaser or mortgagee thereof, or, during the last six (6) months Landlord personnel entering portions of the Term, Secure Areas that are used for laboratory or pilot production purposes to any prospective tenant thereofcomply with Tenant’s reasonable and appropriate safety procedures and Tenant shall cooperate with Landlord and such persons to provide the necessary training for such procedures.

Appears in 2 contracts

Samples: And Attornment Agreement (Kaleido Biosciences, Inc.), And Attornment Agreement (Kaleido Biosciences, Inc.)

LANDLORD'S RIGHT OF ENTRY. Landlord, its agents, contractors, servants and employees may enter the Premises following twenty-four (24) hours' written notice to Tenant agrees and Landlord's good faith efforts to permit coordinate such entry with Tenant's on-site management so as to minimize interference with Tenant's business operations (except in a case of emergency in which event Landlord and may enter at any time without notice to Tenant): (a) to examine the authorized representatives Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease; (c) to make repairs, alterations, improvements or additions to the Premises as Landlord reasonably deems necessary or desirable; (d) to perform work necessary to comply with Applicable Laws; and (e) to perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises should Tenant fail to commence such repairs or, after commencing same, fail to diligently pursue such repairs to completion within three (3) days after written demand by Landlord. If Landlord makes any repairs that Tenant is obligated to make pursuant to the terms of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in Tenant shall pay to Landlord the case cost of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or with interest at the performance maximum lawful rate from the date of such work in the Demised Premises or on account expenditure by Landlord, as Additional Rental, within ten (10) days after receipt of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that written demand from Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftherefor.

Appears in 2 contracts

Samples: Lease Agreement (Cherokee International Corp), Lease Agreement (Flashcom Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of the Lender to enter upon the Demised Premises at all reasonable times during Tenant's business hours (unless in the event of emergency) for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, them and making any necessary repairs theretothereto and performing any work therein that may be necessary by reason of Tenant's failure to make such repairs or perform any such work required of Tenant under this Lease; provided that, except in the case of an emergency, Landlord shall give the Tenant reasonable prior written notice not less than two (2) days in advance of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundersuch work, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; providedPROVIDED, howeverHOWEVER, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times during Tenant's business hours to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftenant.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Global Directmail Corp)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (NationsHealth, Inc.)

LANDLORD'S RIGHT OF ENTRY. (a) Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times during business hours for the purposes purpose of inspecting them, including, without limitation, the Demised Premises and Tenant's compliance performance of reasonable tests, samplings, or other investigations to satisfy itself that Tenant has complied with the provisions of this Lease, and making any necessary repairs thereto; provided that, except in the case thereto and performing any work therein that may be necessary by reason of an emergency, Landlord shall give Tenant's failure to make such repairs or perform any such work required of Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premisesunder this Lease. Nothing herein shall imply any duty upon the part of Landlord to make any such inspection, testing, sampling or investigation at the Premises or to do any such work which under any provision of this Lease Tenant may be required of Tenant hereunder, to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, thereof and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in affected and the Demised Premises in making cost of each of such repairs or performing the performance of such workwork shall be payable by Tenant to Landlord pursuant to and in accordance with Section 21 hereof. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times during business hours to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Lease Agreement (President Casinos Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender the Mortgagee to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, them and making any necessary repairs theretothereto and performing any work therein that may be necessary by reason of Tenant's failure to make such repairs or perform any such work required of Tenant under this Lease; provided that, except in the case of an emergency, . Landlord shall give the Tenant reasonable prior written notice not less than two (2) days in advance of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundersuch work, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; , provided, however, that Landlord shall use reasonable efforts not to annoy, disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftenant.

Appears in 1 contract

Samples: Consent and Agreement (Crain Industries Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right right, upon reasonable prior notice to Tenant, to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Dirtt Environmental Solutions LTD)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees Landlord, its agents, contractors and employees, may enter the Premises with at least twenty-four (24) hours prior notice (except in emergency situations and/or to permit Landlord and the authorized representatives perform services required of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with under this Lease, in which event no prior notice shall be required) to: (a) examine the Premises; (b) perform any obligation to, or exercise any right or remedy of, Landlord under this Lease; (c) make repairs, alterations, improvements or additions to the Premises as Landlord deems necessary or desirable; (d) perform work necessary to comply with laws, ordinances, rules or regulations of any public authority or of any insurance underwriter; (e) serve, post or keep posted any notices required or allowed under the provisions of this Lease, including notices of non-responsibility for alterations, and making any (f) perform work that Landlord deems necessary repairs thereto; provided that, except to prevent waste or deterioration in connection with the case of an emergencyPremises. Except in emergency situations, Landlord shall give Tenant use commercial reasonable prior notice of Landlord's intended entry upon efforts to the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord extent possible, to do schedule any work required to perform any work or services outside of Tenant’s business hours of being open to the public. Tenant hereunder, and the performance thereof by shall not be entitled to an abatement or reduction of Base Rent or Additional Rent if Landlord exercises any rights reserved in this Section 8.7 (Landlord’s Right of Entry). Landlord shall not constitute conduct its activities on the Premises hereunder in a waiver of manner that will minimize any inconvenience, annoyance or disturbance to Tenant's default in failing to perform it. Landlord shall not be liable in any manner for any inconvenience, annoyancedisturbance, disturbance loss of business, nuisance, or other damage to Tenant by reason arising out of making such repairs Landlord’s entry on the Premises as provided in this Section 8.7 (Landlord’s Right of Entry), except damages resulting from the negligent acts or the performance omissions of such work in the Demised Premises Landlord, or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofits authorized representatives.

Appears in 1 contract

Samples: Commercial Lease Agreement (Lulu's Fashion Lounge Holdings, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the ------------------------- authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times during normal business hours for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs that Landlord is required, or has the right, to make thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable forty-eight (48) hours' prior written notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or -------- ------- otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times upon forty-eight (48) hours' prior notice to exhibit the Demised Premises to any prospective purchaser purchaser, or mortgagee thereofmortgagee, orand, during the last six twelve (612) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Cmgi Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to shall permit Landlord and the its authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times and with reasonable notice (except in an emergency) for the purposes purpose of (a) inspecting the Demised Premises and Tenant's compliance with this Leasesame, and (b) making any necessary repairs thereto; provided that, except thereto and performing any work therein that may be necessary by reason of Tenant’s failure to make any such repairs or perform any such work or to commence the same for ten (10) days after written notice from Landlord (or without notice in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises). Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundersuch work, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default ’s Default in failing to perform itthe same. During the progress of any work in the Premises performed by Landlord pursuant to the provisions of this Section, Landlord may keep and store therein all necessary materials, tools, supplies and equipment. Landlord shall not be liable for inconvenience, annoyance, disturbance disturbance, loss of business or other damage to Tenant by reason of making such repairs or the performance of performing any such work in the Demised Premises work, or on account of bringing materials, tools, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that affected thereby. Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times during usual business hours for the purpose of showing the same to exhibit the Demised Premises to any prospective purchaser purchasers or mortgagee thereof, or, during the last six (6) months lenders of the TermPremises, and for the purpose of showing the same to any prospective tenant thereoflessees.

Appears in 1 contract

Samples: Ground Lease (Behringer Harvard Opportunity REIT II, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the ------------------------- authorized representatives of Landlord and of Lender the Mortgagee to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, them and making any necessary repairs theretothereto and performing any work therein that may be necessary by reason of Tenant's failure to make such repairs or perform any such work required of Tenant under this Lease; provided that, except in the case of an emergency, Landlord shall give the Tenant reasonable prior written notice not less than two (2) days in advance of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundersuch work, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, -------- however, that Landlord shall use reasonable efforts not to annoy, disturb or ------- otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftenant.

Appears in 1 contract

Samples: Industrial Lease Agreement (Wells Real Estate Fund Ix Lp)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender Mortgagee to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Premises, ascertaining Tenant's compliance with this Lease, curing any Event of Default and making any necessary repairs theretorequired to be performed by Landlord; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, thereof and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord shall also shall have the right right, upon reasonable giving prior notice to Tenant, to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, orMortgagee and, during the last six (6) 12 months of the Term (or Renewal Term, if applicable), to prospective tenants; provided that Landlord shall use reasonable efforts not to interfere with Tenant's operations in the Premises during such times. Subject to Section 10(g) and the last paragraph of Section 18 hereof, such entry by Landlord shall be subject to any prospective tenant thereofclaims by Tenant for any damage or loss suffered by Tenant by reason of such entry. Section 20.

Appears in 1 contract

Samples: Noncompetition and Nonsolicitation Agreement (HF Foods Group Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs theretothereto subject to Tenant’s reasonable security requirements; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior written notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or of the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to annoy, disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times times, following reasonable notice, to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, orand, during the last six eight (6) 8) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Orchid Cellmark Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees Landlord shall retain duplicate keys to permit all ------------------------- doors of the Building and Landlord and its agents, employees and independent contractors shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises Building at all reasonable times for the purposes of inspecting the Demised Premises hours to inspect and Tenant's compliance with this Leaseexamine same, to make repairs, additions, alterations, and making any necessary repairs thereto; provided thatimprovements, except in to exhibit the case Building to mortgagees, prospective mortgagees, purchasers or, within twelve (12) months prior to the end of an emergencythe Lease Term, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundertenants, and to inspect the performance thereof by Landlord shall not constitute a waiver Building to ascertain that Tenant is complying with all of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies its covenants and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affectedhereunder; provided, however, that Landlord shall, except in case of emergency, have the right to enter only with the prior knowledge of Tenant and such entry shall use reasonable efforts be during Tenant's normal business hours (unless Tenant otherwise consents to entry during other hours, which consent Tenant agrees not to disturb unreasonably withhold or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also delay), and Tenant shall have the right upon reasonable notice in such case to enter have a representative of Tenant accompany Landlord and its agents, contractors and employees while they are within the Demised Premises at Building. Landlord shall be allowed to take into and through the Building any and all materials that may be required to make such repairs, additions, alterations or improvements. During such time as such work is being carried on in or about the Building, the Rent provided herein shall not xxxxx, and Tenant waives any claim or cause of action against Landlord for damages by reason of interruption of Tenant's business or loss of profits therefrom because of the prosecution of any such work or any part thereof; provided and on the condition that Landlord shall use all reasonable times and diligent efforts to exhibit minimize the Demised Premises disruption of Tenant's business and to any prospective purchaser or mortgagee thereof, or, protect Tenant's property during the last six (6) months of the Term, to any prospective tenant thereofsuch times.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times during Tenant's normal business hours for the purposes of inspecting the Demised Premises and Premises, ascertaining Tenant's compliance with this Lease, curing any Event of Default and making any necessary repairs theretorequired to be performed by Landlord; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable forty-eight (48) hours prior written notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right right, upon reasonable giving forty-eight (48) hours prior written notice to Tenant, to enter the Demised Premises at all reasonable times (excluding, however, any portions thereof containing not greater than 400__ square feet designated by Tenant to Landlord in advance as a room or area containing proprietary information) during Tenant's normal business hours to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftenant.

Appears in 1 contract

Samples: Lease Agreement (I Flow Corp /Ca/)

LANDLORD'S RIGHT OF ENTRY. Tenant Subject to the requirements of law related to resident rights and privacy, including, without limitation, HIPAA, Xxxxxx agrees to permit Landlord and the authorized representatives of Landlord and of Lender the holder of any mortgage or any prospective mortgagee to enter upon the Demised Premises at all reasonable times times, upon at least forty-eight (48) hours prior notice, for the purposes purpose of: (i) inspecting them; and (ii) making any repairs required to be made by Landlord hereunder and performing any work therein that may be necessary by reason of inspecting Tenant’s default under the Demised Premises and Tenant's compliance with terms of this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any such work which under any provision of this Lease Tenant may be required of Tenant hereunder, to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform itthe same. Landlord shall not be liable for inconvenience, annoyance, disturbance or is hereby given the right to: (i) use the ingress and egress roads located upon the Premises and other damage to Tenant by reason paved areas of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises at all times during the course thereof, and Term in order to access the obligations of Tenant under this Lease shall Premises as long as such access does not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in Xxxxxx’s use of the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to Premises; and (ii) enter the Demised Premises at all reasonable times and to exhibit the Demised Premises same for the purposes of sale or mortgage, or at any time after this Lease has been properly terminated as provided in this Lease, to exhibit the same to any prospective purchaser tenant. Landlord will be responsible for all damage to the Premises caused by it or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofits agents’ access.

Appears in 1 contract

Samples: Lease and Asset Transfer Agreement

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit The Landlord and the its authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice entitled to enter the Demised Premises at all any reasonable times time during the Tenant’s usual business hours, after giving the Tenant at least twenty-four (24) hours’ oral or written notice thereof, (a) to inspect the Premises, (b) to exhibit the Demised Premises (i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) to any prospective purchaser or mortgagee thereof, or, tenant thereof during the last six (6) months of the TermTerm or upon notice to vacate the Premises by Tenant, provided that in doing so the Landlord and each such invitee observes all reasonable safety standards and procedures which the Tenant may require, and (c) to make any prospective tenant repair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, that in any situation in which, due to an emergency or otherwise, the Landlord reasonably believes the physical condition of the Premises, the Building or any part of the Project would be unreasonably jeopardized unless the Landlord were to take such action immediately, the Landlord shall not be required to give such notice to the Tenant and may enter the same at any time). Nothing in this section shall be deemed to impose any duty on the Landlord to make any such repair or take any such action, and the Landlord’s performance thereof shall not constitute a waiver of the Landlord’s right hereunder to have the Tenant perform such work. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or other damage sustained by the Tenant by reason of the making of such repairs, the taking of such action or the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s obligations under this Lease shall not be affected thereby.

Appears in 1 contract

Samples: Office Lease (Under Armour, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and Landlord's Agents shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter Tenant, except for emergencies in which case no notice shall be required, to inspect the Demised Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises at all reasonable times for sale, to exhibit show the Demised Premises to interested parties such as prospective lenders and purchasers, to make necessary Alterations or maintenance and repairs, to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any prospective purchaser or mortgagee thereof, or, during reasonable time after one hundred eighty (180) days prior to the last six (6) months expiration of the Term, to place upon the Premises reasonable signs indicating the availability of the Premises for lease and to show the Premises to prospective tenants, all without being deemed to have caused an eviction of tenant and without any prospective tenant thereofliability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and in exercising its rights set forth herein, Landlord shall endeavor to cause the least possible interference with Tenant's business. Landlord shall at all times have the right to retain a key which unlocks all of the doors in the Premises, and any entry to the Premises so obtained by Landlord or Landlord's Agents shall not under any circumstances be deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises.

Appears in 1 contract

Samples: Lease Guaranty Agreement (Craig Jenny Inc /De)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord Landlord, its agents and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises representatives, at all reasonable times upon prior reasonable notice may enter said Premises by a master key, or otherwise, for the purposes purpose of inspecting the Demised Premises and Tenant's compliance with this Lease(1) inspection thereof, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give (2) after default by Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or replacements to said Premises as the performance Landlord may deem reasonably necessary and appropriate for the maintenance of such work in its equity interest therein, although nothing herein contained shall be deemed to require the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making make any such repairs or performing such work. Landlord also shall have replacements except as otherwise incumbent upon him to do under provisions of this lease, (3) exhibiting the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised said Premises to any prospective purchaser or mortgagee thereof, or, tenants during the last six (6) months of the Termterm, or exhibiting then to prospective purchasers or other persons at any time throughout said term, and (4) during the last six (6) month period, provided Tenant shall have vacated the said Premises, to decorate, remodel, alter and otherwise prepare the said Premises for occupancy, and any prospective tenant thereofsuch entry by or on behalf of Landlord shall not be or constitute an eviction or deprivation of any right of Tenant, and shall not alter the obligations of Tenant hereunder or create any right in Tenant adverse to the interest of Landlord. Landlord shall perform any work to the Premises at such times and in such a manner as shall cause the least practicable interference with Tenant's business.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Rattlesnake Holding Co Inc)

LANDLORD'S RIGHT OF ENTRY. Subject to Tenant's right to have a representative of Tenant accompany Landlord, and subject to Tenant's reasonable security procedures, Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; providedPROVIDED, howeverHOWEVER, that Landlord shall (and shall cause its agents, employees and contractors to) use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times upon reasonable prior notice to exhibit the Demised Premises to any prospective purchaser or purchaser, mortgagee thereof, or, during in the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Andrx Corp)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergencyemergency posing significant physical damage to the Demised Premises, including, without limitation, Tenant's property located within the Demised Premises, or injury to persons, Landlord shall give Tenant reasonable at least forty-eight (48) hours prior written notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times during the Term to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, and at all reasonable times during the last six (6) months of the Term, Term to exhibit the Demised Premises to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)

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LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit The Landlord and the its authorized representatives of shall be entitled to enter the Premises at any reasonable time during the Tenant's usual business hours, after giving the Tenant at least twenty-four (24) hours' oral or written notice thereof, (a) to inspect the Premises, (b) to exhibit the Premises (i) to any existing or prospective purchaser or Mortgagee thereof, or (ii) to any prospective tenant thereof, provided that in doing so the Landlord and of Lender to enter upon the Demised Premises at each such invitee observes all reasonable times for safety standards and procedures which the purposes of inspecting the Demised Premises and Tenant's compliance with this LeaseTenant may require, and making (c) to make any necessary repairs thereto; provided thatrepair thereto and/or to take any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, except that in any situation in which, due to an emergency or otherwise, the case Landlord reasonably believes the physical condition of an emergencythe Premises, the Building or any part of the Property would be unreasonably jeopardized unless the Landlord were to take such action immediately, the Landlord shall not be required to give such notice to the Tenant reasonable prior notice of Landlord's intended entry upon and may enter the Demised Premisessame at any time). Nothing herein in this section shall imply be deemed to impose any duty upon on the part of Landlord to do make any work required of Tenant hereundersuch repair or take any such action, and the Landlord's performance thereof by Landlord shall not constitute a waiver of Tenantthe Landlord's default in failing right hereunder to have the Tenant perform itsuch work. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance disturbance, loss of business or other damage to sustained by the Tenant by reason of the making of such repairs repairs, the taking of such action or the performance bringing of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through upon the Demised Premises during the course thereof, and the Tenant's obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofaffected thereby.

Appears in 1 contract

Samples: Lease (Imtek Office Solutions Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs thereto; thereto; provided that, (i) except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's ’s intended entry upon the Demised PremisesPremises and (ii) except in the case of an emergency, Tenant shall be entitled to have a representative accompany Landlord upon such entry. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during tenant thereof (provided that prospective tenants may only be shown the Demised Premises within the last six (6) months of the TermTerm of the Lease); provided, however, that in no event shall Landlord be entitled to allow any prospective tenant thereofcompetitor of Tenant access into the Demised Premises without the prior written consent of the Tenant (to be granted or withheld in its sole discretion).

Appears in 1 contract

Samples: Industrial Lease Agreement (Scansource, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit 11.1 The Landlord and the its authorized representatives of shall be entitled to enter the Premises at any reasonable time during the Tenant’s usual business hours upon not less than twenty-four (24) hours’ notice, (a) to inspect the Premises, (b) to exhibit the Premises (i) to any existing or prospective purchaser or Mortgagee thereof or (ii) to any prospective tenant thereof during the last Lease Year, if Tenant has not exercised its option to extend, provided that in doing so the Landlord and of Lender to enter upon the Demised Premises at each such invitee observes all reasonable times for confidentiality and safety procedures which the purposes of inspecting Tenant may reasonably require and (c) to make any repair thereto and/or to take any other action therein which the Demised Premises and Tenant's compliance with Landlord is permitted to take by this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised PremisesLease or applicable law. Nothing herein in this Article shall imply be deemed to impose any duty upon on the part of Landlord to do make any work required of Tenant hereunder, such repair or take any such action and the Landlord’s performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing the Landlord’s right hereunder to have the Tenant perform itsuch work. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance disturbance, loss of business or other damage to sustained by the Tenant by reason of the making of such repairs repairs, the taking of such action or the performance bringing of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through upon the Demised Premises during the course thereof, thereof and the Tenant’s obligations of Tenant under this Lease shall not thereby be affected; providedaffected thereby, however, provided however that Landlord shall use commercially reasonable efforts during any entry to the Premises so as not to disturb or otherwise unreasonably interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months ’s ordinary course of the Term, to any prospective tenant thereofbusiness.

Appears in 1 contract

Samples: South Street Landing

LANDLORD'S RIGHT OF ENTRY. Tenant agrees Subject to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, reasonable security and making any necessary repairs thereto; provided that, safety requirements (except in the case of an emergency), Landlord, the Mortgagee and/or Landlord’s Representatives may enter upon the Premises at any reasonable time and upon at least 24 hours‘ prior notice (which may be telephonic notice) to make such repairs, additions or improvements as Landlord shall give Tenant reasonable prior notice deem necessary; to post default notices and notices of Landlord's intended entry upon nonresponsibility; to inspect and examine the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times and/or to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, tenants (during the last six twelve (612) months of the TermTerm only), lenders or purchasers. Notwithstanding the foregoing, no notice shall be required for any entry in the event of an emergency or for Landlord to cure any prospective tenant thereofDefault by Tenant or to take possession due to a Default in the manner provided in Section 15 of this Lease. Any such entries shall be without the abatement of rent, shall not be deemed an unlawful entry, or an actual or constructive eviction, and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Except for damage to Tenant's personal property, furniture and equipment or injury to persons caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives while exercising its rights under this Section 20.7, but subject to the waivers set forth in Section 10.6, Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant’s business, lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby.

Appears in 1 contract

Samples: Industrial Lease Net (Alphatec Holdings, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof. 24.

Appears in 1 contract

Samples: Industrial Lease Agreement

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of the Lender to enter upon the Demised Premises at all reasonable times for the purposes of (a) inspecting the Demised Premises and Tenant's compliance with this LeasePremises, and (b) making any necessary repairs theretothereto pursuant to Section 18(f),and (c) performing any work therein that may be necessary by reason of Tenant's failure to make such repairs or perform any such work required of Tenant under this Lease; provided that, except in the case of an emergency, Landlord shall give the Tenant reasonable prior notice not less than two (2) days in advance of Landlord's intended entry upon into the Demised PremisesBuilding. Nothing herein shall imply any duty upon the part of Landlord to do any of the work required of Tenant hereunderdescribed in clause (c) above, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform itsuch work. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereoftenant.

Appears in 1 contract

Samples: Suit Industrial Lease Agreement (Act Manufacturing Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times times, after reasonable notice (which may be given by telephone), to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Syratech Corp)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times upon at least twenty-four hours prior notice (which may be given by telephone to the Office Manager at the Demised Premises) and escort by a representative of Tenant (which Tenant will be obligated to provide) for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and and, without escort by Tenant, making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, or disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use commercially reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times upon at least twenty-four hours prior notice (which may be given by telephone to the Office Manager at the Demised Premises) and escort by a representative of Tenant (which Tenant will be obligated to provide) to exhibit the Demised Premises to any prospective purchaser or purchaser, mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees Landlord acknowledges that Tenant's business includes the manufacture, testing and storage of pharmaceutical products which are subject to permit governmental regulation, require strict protocols to insure the integrity and safety of the manufacturing and storage processes, and in many cases involve valuable, proprietary and confidential trade secrets. Landlord and its agents shall have the authorized representatives of Landlord and of Lender right to enter upon the Demised Premises at all reasonable times for to examine the purposes of inspecting condition and use thereof, subject to the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. following conditions: (i) Landlord shall not be liable for inconveniencepermitted more than two (2) such entries in any calendar year, annoyanceprovided that if Landlord is in good faith attempting to refinance or sell the Demised Premises, disturbance or to lease the Demised Premises during any period in which Tenant has failed to exercise a renewal option or within six months prior to the termination of this Lease, Landlord shall be entitled to a reasonable number of visits in connection with such sale, refinancing or leasing; (ii) such entries shall be permitted upon reasonable written notice of no less than one business day; (iii) such entries shall be permitted only at reasonable times; (iv) all persons participating in such entry shall be bound by a confidentially agreement--in writing if required by Tenant--and shall take no photographs or other damage recordings of the interior of the Building; (v) all persons participating in such entry shall agree to Tenant be bound by reason Tenant's rules and regulations concerning visitors to the site including those relating to safety and confidentiality; (vi) all persons participating in such entry shall agree to be subject to rules and regulations of making such repairs or the performance of such work in any governmental authority having jurisdiction over the Demised Premises or on account of bringing materials, supplies Tenant's business operations; and equipment into or through (vii) some designated areas within the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall may not thereby be affected; provided, however, that Landlord shall use reasonable efforts not subject to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofentry by Landlord.

Appears in 1 contract

Samples: Lease (Noven Pharmaceuticals Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times during Tenant’s business hours (unless in the event of emergency) for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable not less than two (2) days prior notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times during Tenant’s business hours to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Systemax Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender the Mortgagee to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, them and making any necessary repairs theretothereto and performing any work therein that may be necessary by reason of Tenant's failure to make such repairs or perform any such work required of Tenant under this Lease; provided that, except in the case of an emergency, Landlord shall give the Tenant reasonable prior written notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereundersuch work, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; : provided, however, that Landlord shall use reasonable efforts not to annoy, disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or and/or mortgagee thereof, or, during ; and Landlord shall have the last right to exhibit the Demised Premises to any prospective tenant at any time within six (6) months prior to the expiration of the Term of this Lease, unless Tenant shall have previously exercised a then current option to renew the Term beyond the then current Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Lease Agreement (Thrucomm Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and persons authorized by Landlord may enter the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, upon twenty-four (24) hours notice (except in the case of an emergency in which case no prior notice is necessary) for the purpose of inspections, repairs, alterations to adjoining space, appraisals, or other reasonable purposes; including enforcement of Landlord's rights under this Lease. Landlord shall not enter Tenant's computer room unless in the case of an emergency. Should Landlord need to gain access to the computer room in an emergency situation, Landlord shall give reasonably notify Tenant reasonable prior in advance. Should Landlord be unable to provide advance notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunderthese areas, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform itprovide prompt notice following entry into the computer room identifying the reason for entry. Landlord shall not be liable for inconvenience, annoyance, inconvenience to or disturbance or other damage to of Tenant by reason of making any such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affectedentry; provided, however, that Landlord in the case of repairs or work, such shall use reasonable efforts be done, so far as practicable, so as to not to disturb or otherwise unreasonably interfere with Tenant's operations in use of the Demised Premises in making Premises. Provided, however, that such repairs or performing efforts shall not require Landlord to use overtime labor unless Tenant shall pay for the increased costs to be incurred by Landlord for such workovertime labor. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times after giving prior oral notice to Tenant, to exhibit the Demised Premises to any prospective purchaser purchaser, or mortgagee thereofat all times, or, and to a prospective tenant only during the last six twelve (612) months of the Term, . Landlord shall not erect any "for rent" signs for the Premises earlier than twelve (12) months prior to any prospective tenant thereofthe expiration of the Term.

Appears in 1 contract

Samples: Hirsch International Corp

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and (and/or its representatives) shall ------------------------- have the authorized representatives of Landlord and of Lender to enter upon the Demised Premises right, at all reasonable times for the purposes of inspecting the Demised Premises and during Tenant's compliance with this Lease, business hours and making any necessary repairs thereto; provided that, after not less than 24 hours prior notice (except in the case of an emergencyemergency for which no notice or time restriction applies), to enter the Premises to place "For Lease" (only during the last 6 months of the Lease Term) or "For Sale" signs on the Premises to show the Premises to prospective tenants, purchasers or lenders, to post notices; to inspect, or perform its maintenance, repair and other obligations under this Lease, and in connection therewith to erect scaffolding and other necessary structures in or near the Premises; provided that such entry and all activities of Landlord in or about the Premises shall be done in a manner so as to cause the least practicable interference with Tenant's use of the Premises; no materials, equipment or tools shall be stored in the Premises; all debris shall be removed daily; and Landlord shall give indemnify Tenant reasonable prior notice of Landlord's intended entry upon against all damage and injury resulting therefrom (other than the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of direct interference with Tenant's default in failing to perform itoperations). Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times in those emergency situations which could involve potential injury to exhibit the Demised Premises to any prospective purchaser persons or mortgagee thereof, or, during the last six (6) months loss of property. All of the Termabove shall be without abatement of Rent and any such entry shall not be construed as a forcible or unlawful entry, to any prospective tenant thereofor a detainer, or an actual or constructive eviction of Tenant from the Premises.

Appears in 1 contract

Samples: Office Lease (Hall Kinion & Associates Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's ’s compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant twenty-four (24) hours reasonable prior notice of Landlord's ’s intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's ’s operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, and at all reasonable times during the last six twelve (612) months of the Term, Term to exhibit the Demised Premises to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tandy Brands Accessories Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and Landlord, the authorized representatives of Landlord and Landlord, the holder of Lender any mortgage, or any prospective mortgagee to enter upon the Demised Premises at all reasonable times during usual business hours for the purposes purpose of inspecting inspecting, exhibiting the Demised Premises and Tenant's compliance with this Leaseto any prospective purchaser, tenant and/or mortgagee thereof, and making any necessary repairs thereto; provided that, except in the case thereto and performing any work therein that may be necessary by reason of an emergency, Landlord shall give Tenant reasonable prior notice of LandlordTenant's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord failure to do any make such repairs or perform work required of Tenant hereunderunder this Lease. During the progress of any work in the Premises, Landlord may keep and store in AGREEMENT OF LEASE Exhibit 10.20 ----------------------------------------------------- the Premises all necessary materials, tools, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform itequipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance the inconvenience or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations affected in the Demised Premises in making such repairs or performing such workany manner whatsoever. Landlord also or Landlord's agent may enter the Premises at reasonable hours to show the Premises to mortgagees, prospective purchasers or tenants, or to inspect the Premises, or to make repairs required of Landlord under the terms hereof, or repairs to adjoining space within the Building. During the last sixty (60) days of this Lease, Landlord may display a "For Rent" sign on the Premises. Notwithstanding the above, Landlord or its agents, contractors or sub-contractors shall have the right upon reasonable notice to enter the Demised Premises Premises, at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereoftime, or, during the last six (6) months of the Term, to any prospective tenant thereofif deemed an emergency.

Appears in 1 contract

Samples: Agreement of Lease (Emtec Inc/Nj)

LANDLORD'S RIGHT OF ENTRY. (a) Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises only at certain and reasonable times, with reasonable prior written notice, or in emergency situations, enter all reasonable times parts of the Premises, for the purposes purpose of inspecting the Demised Premises and Tenant's compliance with this Lease, them and making any necessary repairs thereto; provided that, except thereto and performing any work therein that may be necessary by reason of the terms and provisions of this Lease. During the progress of any work in the case of an emergencyPremises, to the extent such is absolutely necessary, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon may keep and store in the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord Premises all necessary materials, tools and equipment, but in such manner as not to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of unreasonably interfere with Tenant's default in failing to perform ituse and occupancy of the Premises. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable best efforts not to annoy, disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or and/or mortgagee thereof, or, during and Landlord shall have the last six (6) months of right to exhibit the Term, Premises to any prospective tenant thereofat any time within six months prior to the expiration of the Term of this Lease, unless Tenant shall have previously exercised a then current option to renew the Term beyond the then current Term.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such inspections, repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or purchaser, mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.. Priority Fulfillment Services, Inc. Lease Agreement — Stateline Business Park Bldg. H Initial Initial

Appears in 1 contract

Samples: Industrial Lease Agreement (Pfsweb Inc)

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit 11.1 The Landlord and the its authorized representatives of shall be entitled to enter the Premises at any reasonable time during the Tenant’s usual business hours upon not less than twenty-four (24) hours’ notice, (a) to inspect the Premises, (b) to exhibit the Premises (i) to any existing or prospective purchaser or Mortgagee thereof or (ii) to any prospective tenant thereof during the last Lease Year, if Tenant has not exercised its option to extend, provided that in doing so the Landlord and of Lender to enter upon the Demised Premises at each such invitee observes all reasonable times for confidentiality and safety procedures which the purposes of inspecting Tenant may reasonably require and (c) to make any repair thereto and/or to take any other action therein which the Demised Premises and Tenant's compliance with Landlord is permitted to take by this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised PremisesLease or applicable law. Nothing herein in this Article shall imply be deemed to impose any duty upon on the part of Landlord to do make any work required of Tenant hereunder, such repair or take any such action and the Landlord’s performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing the Landlord’s right hereunder to have the Tenant perform itsuch work. The Landlord shall not in any event be liable to the Tenant for any inconvenience, annoyance, disturbance disturbance, loss of business or other damage to sustained by the Tenant by reason of the making of such repairs repairs, the taking of such action or the performance bringing of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through upon the Demised Premises during the course thereof, thereof and the Tenant’s obligations of Tenant under this Lease shall not thereby be affected; providedaffected thereby, however, provided however that Landlord shall use commercially reasonable efforts during any entry to the Premises so as not to disturb or otherwise unreasonably interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser or mortgagee thereof, or, during the last six (6) months Xxxxxx’s ordinary course of the Term, to any prospective tenant thereofbusiness.

Appears in 1 contract

Samples: South Street Landing

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable times for the purposes of inspecting the Demised Premises and Tenant's compliance with this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord or Lender, as the case may be, shall give Tenant reasonable prior notice of Landlord's or Lender's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any work required of Tenant hereunder, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. Landlord shall not be liable for inconvenience, annoyance, disturbance or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereofthereof except to the extent caused by the gross negligence of Landlord, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser purchaser, mortgagee or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Industrial Lease Agreement (Delta Apparel Inc)

LANDLORD'S RIGHT OF ENTRY. Subject to the requirements of law related to resident rights and privacy, including, without limitation, HIPAA, Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender the holder of any mortgage or any prospective mortgagee to enter upon the Demised Premises at all reasonable times times, upon at least forty-eight (48) hours prior notice, for the purposes purpose of: (i) inspecting them; and (ii) making any repairs required to be made by Landlord hereunder and performing any work therein that may be necessary by reason of inspecting Tenant’s default under the Demised Premises and Tenant's compliance with terms of this Lease, and making any necessary repairs thereto; provided that, except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premises. Nothing herein shall imply any duty upon the part of Landlord to do any such work which under any provision of this Lease Tenant may be required of Tenant hereunder, to perform and the performance thereof by Landlord shall not constitute a waiver of Tenant's ’s default in failing to perform itthe same. Landlord shall not be liable for inconvenience, annoyance, disturbance or is hereby given the right to: (i) use the ingress and egress roads located upon the Premises and other damage to Tenant by reason paved areas of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises at all times during the course thereof, and Term in order to access the obligations of Tenant under this Lease shall Premises as long as such access does not thereby be affected; provided, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in ’s use of the Demised Premises in making such repairs or performing such work. Landlord also shall have the right upon reasonable notice to Premises; and (ii) enter the Demised Premises at all reasonable times and to exhibit the Demised Premises same for the purposes of sale or mortgage, or at any time after this Lease has been properly terminated as provided in this Lease, to exhibit the same to any prospective purchaser tenant. Landlord will be responsible for all damage to the Premises caused by it or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereofits agents’ access.

Appears in 1 contract

Samples: Lease and Asset Transfer Agreement

LANDLORD'S RIGHT OF ENTRY. Tenant agrees to permit Landlord and the authorized representatives of Landlord and of Lender the Holder of any Mortgage or any prospective Holder to enter upon the Demised Premises at all reasonable times for the purposes purpose of inspecting them, including the Demised Premises and Tenant's compliance performance of reasonable rents, samplings, or other investigations to satisfy itself that Tenant has complied with the provisions of this Lease, and making any necessary repairs thereto; provided that, except in the case thereto and performing any work therein that may be necessary by reason of an emergency, Landlord shall give Tenant's failure to make such repairs or perform any such work required of Tenant reasonable prior notice of Landlord's intended entry upon the Demised Premisesunder this Lease. Nothing herein shall imply any duty upon the part of Landlord to make any such inspection, test, sampling or other investigations and nothing herein shall imply any duty on the part of Landlord co do any other work which under any provision of this Lease Tenant may be required of Tenant hereunderto perform, and the performance thereof by Landlord shall not constitute a waiver of Tenant's default in failing to perform it. During the progress of any work, inspection, testing, sampling or investigation, Landlord may keep and store in the Premises all necessary materials, tools and equipment. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance disturbance, or other damage to Tenant by reason of making such repairs or the performance of such work in the Demised Premises or on account of bringing materials, supplies and equipment into or through the Demised Premises during the course thereof, thereof and the obligations of Tenant under this Lease shall not thereby be affected; providedaffected in any manner whatsoever, however, that Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant's operations in and the Demised Premises in making cost of each of such repairs or performing the performance of such workwork shall be payable by Tenant to Landlord on demand as Additional Rent. Landlord also shall have the right upon reasonable notice to enter the Demised Premises at all reasonable times to exhibit the Demised Premises premises to any prospective purchaser or purchaser, tenant and/or mortgagee thereof, or, during the last six (6) months of the Term, to any prospective tenant thereof.

Appears in 1 contract

Samples: Lease Agreement (Maxtor Corp)

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