LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 2 contracts
Samples: Lease (Neurocrine Biosciences Inc), Lease (Neurocrine Biosciences Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Demised Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord independent contractors shall have the right during to enter the last year of the Term then in effectDemised Premises at reasonable hours to inspect and examine same, to show make repairs, additions, alterations, and improvements, to exhibit the Demised Premises to mortgagees, prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handlingmortgagees, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination purchasers or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Projecttenants, and to erect scaffolding inspect the Demised Premises to ascertain that Tenant is complying with all of its covenants and protective barricades around obligations hereunder, all without being liable to Tenant in 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 and shall use all reasonable efforts to avoid causing any disruption of the Demised Premises. Landlord shall be allowed to take into and through the Demised Premises 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 Project and Demised Premises, but the Rent provided herein shall not so as to prevent entry 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. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be permitted to designate not more than 5,000 square feet of the Demised Premises as safe or confidential areas or locked computer rooms to unreasonably interfere with be known as "Locked Documentation Rooms", to which Landlord shall have no access, unless accompanied by Tenant’s use or business being conducted in the Premises's authorized representatives. Tenant must designate such spaces as "Locked Documentation Rooms" by written notice to Landlord, and to do such status shall only be effective after receipt by Landlord of such written notice. Landlord, when accompanied by Tenant's representative may inspect any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any Locked Documentation Rooms during Tenant's normal business hours after giving Tenant reasonable prior notice requesting such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underwayan inspection. In light of the foregoing, as a condition emergency where immediate access to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreementsuch rooms is necessary, Landlord agrees may, after being unable to use locate an employee of Tenant using all reasonable efforts and due diligence means, gain access to maintain all information obtained a Locked Documentation Room by an entry in the Premises in strict confidenceusing force. Landlord shall not be responsible for providing janitorial services with respect to any Locked Documentation Room. Landlord shall not receive copies of keys, pass cards or cipher lock combinations to Locked Documentation Rooms.
Appears in 2 contracts
Samples: Lease Agreement (Indus International), Lease Agreement (TSW International Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agentsMortgagee, contractorsand their respective designees, servants and employees may only shall have the right to enter the interior Premises, and any part of the Premises, at any time during normal business hours and any part of the Premises with a Tenant escort on two (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (242) hoursBusiness Days’ prior advance notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except in a the case of emergency an emergency, in which event Landlord may enter at any time without case no advance notice to Tenantshall be required) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serveinspect the same, postpost notices of non-responsibility, or keep posted any notices required or allowed under this Lease; (b) to monitor construction, perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agentsappraisals, and Lenders perform environmental site assessments and to post appropriate for sale signs; engineering studies, and during the last eighteen (e18) months of the Term or at any time after an Event of Default, to show exhibit the Premises or any Site to prospective tenants tenants, purchasers and mortgagees, and examine Tenant’s books and records located at and pertaining to post appropriate for lease signs; (f) if the Premises, insurance policies, certificates of occupancy and other documents, records and permits in Tenant’s possession at the Premises with respect to the Premises, to the extent that such documents are of the type customarily reviewed by landlords of properties substantially similar to the Premises. Any entry onto the Premises pursuant to this paragraph 18, and any other entry onto the Premises by Landlord, any Mortgagee or any of their respective designees pursuant to this Lease, shall be made subject to and in accordance with the terms of this paragraph 18. Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year to accompany Landlord, Mortgagee and any of the Term then their respective designees in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (gconnection with any entry by such Person(s) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the Landlord, Mortgagee and their respective designees shall comply with Tenant’s reasonable safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided and security rules and requirements in connection with any such acts do entry. Any such entry by Landlord, Mortgagee or any designee thereof shall be conducted in a manner which does not unreasonably interfere with Tenant’s use ofability to conduct its business operations at the Premises, and, to the extent that entry by such parties into certain portions of the Premises would interfere with Tenant’s business therein (or violate Tenant’s reasonable safety and access tosecurity rules and requirements), Tenant may reasonably limit entry into such portions of the Premises. Landlord hereby indemnifies and agrees to defend and hold harmless Tenant and its partners, members, partners or members of such partners and members and their respective heirs, executors, administrators, personal or legal representatives, successors and assigns from and against any and all claims, expenses, costs, damages, losses and liabilities (including reasonable attorneys’ fees) with respect to physical damage or personal injury to the extent resulting from Landlord’s or its agents’ or representatives’ action on the Premises, which may at any time be asserted against or suffered by Tenant as a result of, on account of, or arising from Landlord or its agents or representatives entering the Premises pursuant to the terms of this paragraph 18. If Landlord, Mortgagee or any designee thereof, in the course of gaining access to the Premises pursuant to this Lease, is exposed to or acquires information which is proprietary to or confidential to Tenant or its Affiliates, or to third parties to whom Tenant owes a duty of confidentiality, then Landlord shall cause such information to be held in strict confidence and none of Landlord, any Mortgagee nor any designee thereof shall copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give or disclose such information to third parties or use such information for any purposes whatsoever that are not specifically related to this Lease and the tenancy created hereunder. The nature of Tenant’s business is such that there will be certain areas terms of the Premises where confidential items will be kept foregoing sentence shall survive the expiration or experiments may be underway. In light earlier termination of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceLease.
Appears in 2 contracts
Samples: Lease Agreement (Solo Cup CO), Lease Agreement (Solo Cup Owings Mills Holdings)
LANDLORD'S RIGHT OF ENTRY. Provided a. Tenant shall permit Landlord and the authorized representatives of Landlord and of any mortgagee or any prospective mortgagee to enter the Premises at all reasonable times, with prior reasonable notice to Tenant, for the purpose of (i) inspecting the Premises or (ii) making any necessary repairs to the Premises or to the Building and performing any work therein, including any work necessary to obtain or maintain Building Certification and/or maintain the Sustainability Standards. During the progress of any work on the Premises or the Building, Landlord will attempt not to inconvenience Tenant or materially interfere with the operation of Tenant’s business, but shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making any repair or by bringing or storing materials, supplies, tools and equipment in the Premises during the performance of any work, and the obligations of Tenant under this Lease shall not be thereby affected in any manner whatsoever.
b. Landlord shall strictly comply have the right at all reasonable times, with prior reasonable notice to Tenant’s reasonable , to enter and non-discriminatory corporate policies and rules and regulationsto exhibit the Premises for the purpose of inspection or showing the Premises in connection with a sale or mortgage and, Landlord, its agents, contractors, servants and employees may only enter during the interior last nine (9) months of the Term, to enter upon and to exhibit the Premises with a Tenant escort to any prospective tenant.
c. If during the last six (if Tenant makes 6) months of the escort reasonably available)Term, after giving Tenant twenty-four (24) hours’ prior notice (oralthe Premises are vacated or abandoned by Tenant, email, or written) and after Landlord’s good faith efforts Landlord shall be permitted to 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 may enter show the Premises at any time without notice and to Tenant) for the following purposes only: (a) to examine prepare the Premises for re-occupancy, including the demolition, alteration and reconstruction of tenant improvements therein provided, however, nothing herein shall relieve Tenant of its obligation to confirm Tenant’s compliance pay Rent in accordance with the terms of this Lease Lease.
d. Tenant shall use its commercially reasonable efforts to respond and to serve, post, or keep posted cause Tenant’s employees and any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy other occupants of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and respond to post appropriate any reasonable request for sale signs; (e) at any time after an Event of Default, information from Landlord related to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws Building Certification or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceSustainability Standards.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to ------------------------- all doors of the Demised Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord independent contractors shall have the right during to enter the last year of the Term then in effectDemised Premises at reasonable hours to inspect and examine same, to show make repairs, additions, alterations, and improvements, to exhibit the Demised Premises to mortgagees, prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handlingmortgagees, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination purchasers or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Projecttenants, and to erect scaffolding inspect the Demised Premises to ascertain that Tenant is complying with all of its covenants and protective barricades around obligations hereunder; 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 be allowed to take into and through the Demised Premises 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 Project and Demised Premises, but the Rent provided herein shall not so as xxxxx, and Tenant shall have no 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 Landlord shall use all reasonable efforts in connection with such work to prevent entry minimize the disruption of Tenant's business within the Demised Premises. Notwithstanding the foregoing to the Premises or contrary, if Landlord shall fail to unreasonably interfere with use such reasonable efforts and Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s 's business is such that there will be certain areas of disrupted within the Demised Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conductedon account thereof, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees fails to use such reasonable efforts within one business day after actual receipt by Landlord of written notice to Landlord from Tenant specifying such disruption in reasonable detail, then Base Rental shall xxxxx equitably with respect to the portion of the Demised Premises affected by such disruption commencing on the second business day after such actual receipt by Landlord and due diligence continuing thereafter until Landlord shall use all reasonable efforts in connection with such work to maintain all information obtained by an entry in minimize the Premises in strict confidencedisruption of Tenant's business within the Demised Premises.
Appears in 2 contracts
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Temporary Lease Agreement (Wells Real Estate Investment Trust Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord or his agents shall have the right to enter the Premises at reasonable times upon reasonable notice in order to examine it or to show it to prospective tenants or buyers, to place “For Rent” or “For Sale” signs on or about the Premises, and to make modifications or other changes to the Property as are necessary in Landlord’s reasonable discretion to facilitate development of the Property, provided, however, Landlord shall strictly comply use its best efforts to minimize the effect of any such entry or any interference with Tenant’s use of the Premises and shall not make any modifications or changes that materially adversely affect Tenant’s use of and access to the Premises or the Common Areas. Upon receipt of reasonable and non-discriminatory corporate policies and rules and regulations, advance notice from Landlord, its agentsTenant may arrange to have a designated representative accompany Landlord in entering the Premises. Landlord’s right of reentry shall not be deemed to impose upon Landlord any obligation, contractorsresponsibility, servants or liability for the care, supervision or repair of the Premises other than as herein provided; except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Landlord’s entry. Landlord shall have the right at any time, without effecting an actual or constructive eviction and without incurring any liability to the Tenant therefore, to change the arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Buildings and to change the name, number or designation by which the Buildings are commonly known, provided that such action does not result in any unreasonable interference with Tenant’s access to or use of the Premises or the Common Areas. Notwithstanding the foregoing, Landlord shall have the right to enter the Premises without first giving notice to the Tenant in the event of an emergency where the nature of the emergency will not reasonably permit the giving of notice. Landlord shall not take any photographs or videos of the operations, equipment or employees may only enter at the Premises, provided, however, that if photographs of the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)are required for insurance, after giving Tenant twenty-four (24) hours’ prior notice (oralfinancing, email, sale or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16purposes, Tenant may require shall cooperate with Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due permit Landlord to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceobtain reasonably necessary photographs.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Truck Hero, Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided a. Tenant shall permit Landlord and the authorized representatives of Landlord and of any mortgagee or any prospective mortgagee to enter the Premises at all reasonable times, with prior notice to Tenant, for the purpose of (i) inspecting the Premises or (ii) making any necessary repairs to the Premises or to the Building and performing any work therein, including any work necessary to obtain or maintain Building Certification and/or maintain the Sustainability Standards. During the progress of any work on the Premises or the Building, Landlord will attempt not to inconvenience Tenant, but shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making any repair or by bringing or storing materials, supplies, tools and equipment in the Premises during the performance of any work, and the obligations of Tenant under this Lease shall not be thereby affected in any manner whatsoever.
b. Landlord shall strictly comply have the right at all reasonable times, with prior notice to Tenant’s reasonable , to enter and non-discriminatory corporate policies and rules and regulationsto exhibit the Premises for the purpose of inspection or showing the Premises in connection with a sale or mortgage and, Landlord, its agents, contractors, servants and employees may only enter during the interior last twelve (12) months of the Term, to enter upon and to exhibit the Premises with a Tenant escort to any prospective tenant.
c. If during the last six (if Tenant makes 6) months of the escort reasonably available)Term, after giving Tenant twenty-four (24) hours’ prior notice (oralthe Premises are vacated or abandoned by Tenant, email, or written) and after Landlord’s good faith efforts Landlord shall be permitted to 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 may enter show the Premises at any time without notice and to Tenant) for the following purposes only: (a) to examine prepare the Premises for re-occupancy, including the demolition, alteration and reconstruction of tenant improvements therein provided, however, nothing herein shall relieve Tenant of its obligation to confirm Tenant’s compliance pay Rent in accordance with the terms of this Lease Lease.
d. Tenant shall use its best efforts to respond and to serve, post, or keep posted cause Tenant’s employees and any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy other occupants of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and respond to post appropriate any reasonable request for sale signs; (e) at any time after an Event of Default, information from Landlord related to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws Building Certification or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceSustainability Standards.
Appears in 2 contracts
Samples: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)
LANDLORD'S RIGHT OF ENTRY. Provided The Landlord and its authorized representatives shall strictly comply with be entitled to enter the Premises at any reasonable time during the Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)usual business hours, after giving the Tenant at least twenty-four (24) hours’ prior oral or written notice (oralthereof, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine inspect the Premises to confirm Tenant’s compliance with the terms of this Lease and to servePremises, post, or keep posted any notices required or allowed under this Lease; (b) during the last twelve (12) months of the Term, to perform exhibit the Premises (i) to any obligation existing or exercise prospective purchaser or Mortgagee thereof, or (ii) to any right or remedy of prospective tenant thereof, provided that in doing so the Landlord under this Lease (includingand each such invitee observes all reasonable safety standards and procedures which the Tenant may require, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary make any repair thereto and/or to comply with lawstake any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, statutesthat in any situation in which, ordinancesdue to an emergency or otherwise, rules or regulations the Landlord reasonably believes the physical condition of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do the Building or any other act or thing necessary for the safety or preservation part of the Premises 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 Project if take any excavation 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. Provided that the Landlord diligently proceeds with, and uses commercially reasonable efforts to minimize disruption to the Tenant during the performance of, such repairs or the taking of such action, the Landlord shall not be liable to the Tenant for any inconvenience, annoyance, disturbance, loss of business or other construction is undertaken damage sustained by the Tenant by reason of the making of such repairs, the taking of such action or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will obligations under this Lease shall not be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceaffected thereby.
Appears in 2 contracts
Samples: Office Lease (Millennial Media Inc.), Sublease Agreement (Millennial Media Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided The Landlord and its authorized representatives shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only be entitled to enter the interior of Premises without interference with Xxxxxx's business operation, at any reasonable time during the Premises with a Tenant escort (if Tenant makes the escort reasonably available)Tenant's usual business hours, after giving the Tenant at least twenty-four (24) hours’ prior ' oral or written notice (oralthereof, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine inspect the Premises to confirm Tenant’s compliance with the terms of this Lease and to servePremises, post, or keep posted any notices required or allowed under this Lease; (b) to perform exhibit the Premises (i) to any obligation existing or exercise prospective purchaser or Mortgagee thereof, or (ii) during the last twelve (12) months of the Term (or at any right or remedy of time if Tenant is in default after notice and applicable cure periods) to any prospective tenant thereof, provided that in doing so the Landlord under this Lease (includingand each such invitee observes all reasonable safety standards and procedures which the Tenant may require, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (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 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 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 which it is not otherwise obligated to make or take under the terms of that Lease, and the Landlord's performance thereof shall not constitute a waiver of the Landlord's right hereunder to have the Tenant perform work necessary such work. The Landlord shall not in any event be liable to comply with lawsthe Tenant for any inconvenience, statutesannoyance, ordinancesdisturbance, rules loss of business or regulations other damage sustained by the Tenant by reason of any governmental authority the making of such repairs, the taking of such action or the bringing of any insurance underwriter; (d) to show materials, supplies and equipment upon the Premises to prospective and actual purchasers, investors, brokers, agentsduring the course thereof, and Lenders and to post appropriate for sale signsthe Tenant's obligations under this Lease shall not be affected thereby; (e) at any time after an Event of Defaultprovided, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) however, that if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year is unable to use all of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect a substantial portion of the Premises for Hazardous Materials contamination forty-five (45) days for its business purposes, Tenant shall be deemed to be constructively evicted from the Premises or potential contaminationthe relevant portion thereof, including an environmental audit and Tenant's obligation to pay Base Rent shall be abated from the date all or such relevant portion of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencebecomes unusable until rendered usable again.
Appears in 1 contract
Samples: Office Lease (Gse Systems Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s or its authorized representatives, upon reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees prior notice to Tenant may only enter the interior of Premises at reasonable times during business hours to inspect the Premises, make repairs to the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, authorized hereunder or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease work therein (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (ci) to perform work necessary needed to comply with any laws, statutes, ordinances, rules or regulations of any governmental public authority or of the insurance services office or any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan)similar body, (ii) they follow an Event that Landlord deems necessary to prevent waste or deterioration in or to the Premises if Tenant fails to make repairs or perform required work promptly after receipt of Default by Tenant under this Leasewritten demand from Landlord, or (iii) that Landlord has not conducted a similar inspection/review at Tenant’s cost within deems necessary in connection with the preceding 24 months)expansion, and (h) to shore the foundationsreduction, footingsremodeling, and walls or renovation of any portion of the ProjectShopping Center. During such entry by Landlord and its authorized representatives, Landlord and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere its authorized representatives shall comply with Tenant’s use or business being conducted in the Premises, 's security requirements and shall at all times be accompanied by Tenant. Nothing herein implies any duty of Landlord to do any other act or thing necessary for the safety or preservation such work which, under any provision of the Premises or Project if this Lease, Tenant is required to do, nor shall Landlord's performance of any excavation or other construction is undertaken or is about to be undertaken repairs on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature behalf of Tenant constitute a waiver of Tenant’s business is 's default in failing to do such that there will be certain areas work. No exercise by Landlord of the Premises where confidential items will be kept any rights hereunder shall entitle Tenant to any compensation, damages or experiments may be underwayabatement of Rent for any injury or inconvenience occasioned by such exercise, unless caused by Landlord's gross negligence or willful misconduct. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16If Landlord makes or performs any repairs provided for in (i) or (ii) above, Tenant may require shall pay the cost thereof to Landlord to sign a reasonable confidentiality agreement and may designate certain areas as additional rent promptly upon receipt of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencexxxx therefor.
Appears in 1 contract
Samples: Shopping Center Sublease (United Panam Financial Corp)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Subject to Tenant’s reasonable security requirements, the Landlord and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only authorized representatives shall be entitled to enter the interior of Premises at any reasonable time during the Premises with a Tenant escort (if Tenant makes the escort reasonably available)Tenant’s usual business hours, after giving the Tenant twenty-four at least one (241) hours’ prior business day written notice (oralthereof, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine inspect the Premises to confirm Tenant’s compliance with the terms of this Lease and to servePremises, post, or keep posted any notices required or allowed under this Lease; (b) to perform exhibit the Premises (i) to any obligation existing or exercise prospective purchaser or Mortgagee thereof, or (ii) during the last six (6) months of the Term, to any right or remedy of prospective tenant thereof, provided that in doing so the Landlord under this Lease (includingand each such invitee observes all reasonable safety standards and procedures which the Tenant may require, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary make any repair thereto and/or to comply with lawstake any other action therein which the Landlord is permitted to take by this Lease or applicable law (provided, statutesthat in any situation in which, ordinancesdue to an emergency or otherwise, rules or regulations the Landlord reasonably believes the physical condition of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do the Building or any other act or thing necessary for the safety or preservation part of the Premises Project would be unreasonably jeopardized or Project if that a person could be injured 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 excavation 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 construction is undertaken damage or is about to be undertaken on any adjacent property loss sustained by the Tenant by reason of the making of such repairs, the taking of such action or nearby street; provided any such acts do not unreasonably interfere with the bringing of materials, supplies and equipment upon the Premises during the course thereof, and the Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will obligations under this Lease shall not be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require affected thereby provided Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to shall use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceminimize any disruption to Tenant’s normal business operations.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Demised Premises, except for “Special Secured Areas” designated by Tenant in writing as to which Landlord shall retain keys only if required by applicable laws, codes or governmental requirements. Landlord and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord independent contractors shall have the right during to enter the last year of the Term then in effectDemised Premises at reasonable hours to inspect, test and examine same (including air quality audits), to show make repairs, additions, alterations, and improvements that are required by this Lease or are otherwise performed with Tenant’s prior written consent (which consent shall not be unreasonably withheld or delayed), to exhibit the Demised Premises to mortgagees, prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handlingmortgagees, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination purchasers or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Projecttenants, and to erect scaffolding inspect the Demised Premises to ascertain that Tenant is complying with all of its covenants and protective barricades around and about obligations hereunder, all without being liable to Tenant in any manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant at least three (3) days prior notification of an entry into the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Demised Premises, and Tenant shall have the right in such case to do any other act or thing necessary for have a representative of Tenant accompany Landlord and its agents, employees and contractors while they are in the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Demised Premises. The nature of Tenant’s business is such Landlord shall be allowed to take into and through the Demised Premises any and all materials that there will be certain areas of the Premises where confidential items will be kept or experiments may be underwayrequired to make such repairs, additions, alterations or improvements. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts to minimize any interference with Tenant’s business caused by such entry. During such time as such work is being carried on in or about the Demised Premises, the Rent provided herein shall not xxxxx, and due diligence to maintain all information obtained Tenant waives any claim or cause of action against Landlord for damages by an entry in reason of interruption of Tenant’s business or loss of profits therefrom because of the Premises in strict confidence.prosecution of any such work or any part thereof
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Tenant shall permit Landlord and its Agents to enter the Premises at all reasonable times following not less than 24 hours notice (except in the event of an emergency), for the purpose of inspection, maintenance or making repairs, alterations or additions (Landlord shall strictly comply with not make any alterations or additions to the Building or Site Improvements that are not contemplated under this Lease without first obtaining Tenant’s reasonable written consent, which consent shall not be unreasonably withheld, delayed or conditioned) as to exhibit the Premises for the purpose of sale or mortgage and, during the last 9 months of the Term, to exhibit the Premises to any prospective tenant. The requisite notice prior to entry contemplated above may be given by telephone or other informal means. Except in the event of an emergency, Tenant shall have the right to have an employee or representative of Tenant accompany Landlord and non-discriminatory corporate policies its Agents to the extent necessary and rules appropriate to protect and regulationslimit access to trade secrets or other confidential information of Tenant and Tenant’s customers. Moreover, Tenant shall be entitled to designate, by written notice to Landlord, portions of the Premises as “Secured Areas” which Landlord may not enter except in the presence of Tenant’s authorized personnel or in emergencies or following a default. If Tenant designates any area as a “Secured Area” or “Secured Room” on plans submitted and approved by Landlord, such plans shall constitute the written notice required pursuant to the preceding sentence. In an emergency situation, Landlord, as well as the applicable emergency personnel, shall have the right to access the Secured Areas by any means and using any force as may be reasonable under the circumstances without liability to Tenant of any kind therefor. Tenant may install locks and security devices therefor, provided that Tenant shall, upon Landlord’s request during normal business hours, provide an authorized person to escort Landlord or its agents, contractors, servants employees in inspecting the Secured Areas and employees may only enter provided Tenant delivers to Landlord keys and other information necessary to access such Secured Areas at the interior expiration or earlier termination of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Lease Term. Tenant’s on-site management so as installation of any such locks and security devices shall be performed in accordance with Section 12 of this Lease. Landlord will make reasonable efforts not to minimize interference inconvenience Tenant or interfere with Tenant’s business operations (except in a case of emergency in which event Landlord may enter at any time without notice to Tenant) for exercising the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premisesforegoing rights, but shall not so as to prevent entry to the Premises be liable for any loss of occupation or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencequiet enjoyment thereby occasioned.
Appears in 1 contract
Samples: Lease Agreement (Kroll Inc)
LANDLORD'S RIGHT OF ENTRY. Provided (a) Subject to the rights of any Resident under a Resident Lease and the tenants or occupants under the Community Facility Lease, Landlord and its authorized representatives shall strictly comply with Tenant’s reasonable be entitled to enter upon the Development, the Units and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with at any time during Tenant’s business operations hours and at such other reasonable times to:
(except in a case of emergency in which event Landlord may enter i) inspect the Premises at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, postreasonable prior notice, or keep posted without prior notice in the event of emergency;
(ii) access the Land to utilize the Landlord’s Excess FADR; and
(iii) make any notices repairs thereto and/or take any other action therein which is required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (by Legal Requirements, including, without limitation, the Housing Quality Standards, or which Landlord is permitted to make by any provision of this Lease, after giving Tenant at least days’ written notice of Landlord’s intention to take such action, if Tenant fails to respond within the day period or elects not to take such action or after electing to take such action fails to diligently pursue same to completion (provided, that in any situation in which, due to an emergency or otherwise, the physical condition of the Development and Units or any other part of the Premises would be unreasonably jeopardized unless Landlord were to take such action immediately, Landlord shall give only such notice, if any, to Tenant as is reasonable under the circumstances, and may enter the same at any time).
(b) [Reserved]
(c) Nothing in this Section 12 shall be deemed to impose any duty upon Landlord to make any such repair or take any such action, and Landlord’s performance thereof shall not constitute a waiver of Landlord’s right under this Lease to have Tenant perform such work. Landlord may, while taking any such action upon the Premises, store therein any and all necessary materials, tools and equipment, and Tenant shall have no liability to Landlord for any damage to or destruction of any such materials, tools and equipment, except if and to the extent, that such damage or destruction is proximately caused by the gross negligence of Tenant or Tenant’s Related Parties. So long as Landlord uses commercially reasonable efforts to minimize the disruption, Landlord shall not in any event be liable to Tenant for any inconvenience, annoyance, disturbance, loss-of business or other damage sustained by Tenant by reason of the making of such repairs or the taking of such action, or gaining such access described in Section 12(a), or on account of the bringing of materials, supplies and equipment onto the Premises during the course thereof, and Tenant’s obligations under Article 7 and Article 8 the provisions of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does Lease shall not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceaffected thereby.
Appears in 1 contract
Samples: Lease Agreement
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, (a) Landlord, its agentsand those persons authorized by it, contractors, servants and employees may only shall have the right to enter the interior Premises at all reasonable times and upon reasonable notice for the purposes of making repairs, making connections, installing utilities, providing services to the Premises with a Tenant escort (if Tenant makes or for any other tenant, making inspections or showing the escort reasonably available)same to prospective purchasers and/or lenders, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter well as at any time without notice in the event of emergency involving possible injury to Tenant) for the following purposes only: (a) to examine property or persons in or around the Premises to confirm Tenant’s compliance with or the terms Building. Further, during the last six (6) months of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority the initial or of any insurance underwriter; (d) extended term, Landlord and those persons authorized by it shall have the right at reasonable times and upon reasonable notice to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; tenants.
(eb) at any time after an Event Provided that the exercise of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant such rights does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in occupancy of the Premises, Landlord shall have the following rights:
(i) To decorate and to do make inspections, repairs, alterations, additions, changes, or improvements, whether structural or otherwise, in and about the Building, or any part thereof; for such purposes, to enter upon the Premises and, during the continuance of any such work, to temporarily close doors, entryways, public space, and corridors in the Building; to interrupt or temporarily suspend Building services and facilities; and to change the arrangement and location of entrances or passageways, doors, and doorways, corridors, elevators, stairs, restrooms, or other act or thing necessary public parts of the Building;
(ii) To take such reasonable measures as Landlord deems advisable for the safety or preservation security of the Premises Building and its occupants, including without limitation searching all persons entering or Project if any excavation leaving the Building; evacuating the Building for cause, suspected cause, or other construction is undertaken or is about for drill purposes; temporarily denying access to be undertaken the Building; and closing the Building after normal business hours and on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Saturdays, Sundays, and holidays, subject, however, to Tenant’s use ofright to enter when the Building is closed after normal business hours under such reasonable regulations as Landlord may prescribe from time to time which may include by way of example, but not of limitation, that persons entering or leaving the Building, whether or not during normal business hours, identify themselves to a security officer by registration or otherwise and access to, that such persons establish their right to enter or leave the Premises. The nature of Tenant’s business Building;
(iii) To change the name by which the Building is such that there will be certain areas of designated; and
(iv) To enter the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition at all reasonable hours to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of show the Premises as temporarily off limits due to the need to preserve the experiments being conductedprospective purchasers, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreementlenders, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceor tenants.
Appears in 1 contract
Samples: Lease Agreement (Amber Road, Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided a. Tenant shall permit Landlord and the authorized representatives of Landlord and of any mortgagee or any prospective mortgagee to enter the Premises at all reasonable times, with prior notice to Tenant, for the purpose of (i) inspecting the Premises or (ii) making any necessary repairs to the Premises or to the Building and performing any work therein. During the progress of any work on the Premises or the Building, Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as endeavor to minimize any injury to or interference with Tenant’s business operations while inspecting the Premises or making any repairs, alterations, additions, or improvements in or to the Premises or the Building or to any appurtenances or equipment in the Premises or the Building, but shall not be liable for inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant by reason of making any repair or by bringing or storing materials, supplies, tools, and equipment in the Premises during the performance of any work, and the obligations of Tenant under this Lease shall not be thereby affected in any manner whatsoever.
b. Landlord shall have the right at all reasonable times, with prior notice to Tenant, to enter and to Exhibit the Premises for the purpose of inspection or showing the Premises in connection with a sale or mortgage and, during the last twelve (except in a case 12) months of emergency in which event the Term, to enter upon and to Exhibit the Premises to any prospective tenant.
c. If during the last six (6) months of the Term, the Premises are vacated or abandoned by Tenant, Landlord may enter shall be permitted to show the Premises at any time without notice and to Tenant) for the following purposes only: (a) to examine prepare the Premises for re-occupancy, including the demolition, alteration, and reconstruction of tenant improvements therein provided, however, nothing herein shall relieve Tenant of its obligation to confirm Tenant’s compliance pay Rent in accordance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply and Landlord's Agents shall, subject to advance scheduling with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective lenders and purchasers, to serve, post, make Alterations or keep posted any notices maintenance and repairs as required or allowed under to be made by Landlord pursuant to this Lease; (b) , to perform Tenant's obligations as permitted pursuant to Section 9.3 and, at any obligation or exercise any right or remedy reasonable time after one hundred eighty (180) days prior to the expiration of Landlord under this Lease (includingthe Ter, without limitation, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of the Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and Lenders and in exercising its rights set forth herein, Landlord shall use its good faith efforts to post appropriate for sale signs; (e) cause the least possible interference with Tenant's business. Landlord shall at any time after an Event all times have the right to retain a key which unlocks all of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) doors in the manner provided in Section 2.2 abovePremises, then excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord's Agents shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Surebeam Corp)
LANDLORD'S RIGHT OF ENTRY. Provided Tenant shall permit Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only Agents to enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior at all reasonable times following not less than 24 hours notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except in a case the event of emergency in which event Landlord may enter at any time without notice to Tenant) an emergency), for the following purposes only: purpose of inspection, maintenance or making repairs, alterations or additions (aLandlord shall not make any alterations or additions to the Building or Site Improvements that are not contemplated under this Lease without first obtaining Tenant's written consent, which consent shall not be unreasonably withheld, delayed or conditioned) as to examine exhibit the Premises for the purpose of sale or mortgage and, during the last 9 months of the Term, to exhibit the Premises to confirm Tenant’s compliance with the terms of this Lease and any prospective tenant. The requisite notice prior to serve, post, entry contemplated above may be given by telephone or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) other informal means. Except in the manner provided in Section 2.2 aboveevent of an emergency, then Landlord Tenant shall have the right during the last year to have an employee or representative of the Term then in effect, to show the Premises to prospective tenants Tenant accompany Landlord and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry its Agents to the Premises or extent necessary and appropriate to unreasonably interfere with Tenant’s use or business being conducted in the Premises, protect and limit access to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation trade secrets or other construction is undertaken or is about confidential information of Tenant and Tenant's customers. Moreover, Tenant shall be entitled to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use ofdesignate, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition by written notice to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas portions of the Premises as temporarily off limits due "Secured Areas" which Landlord may not enter except in the presence of Tenant's authorized personnel or in emergencies or following a default. If Tenant designates any area as a "Secured Area" or "Secured Room" on plans submitted and approved by Landlord, such plans shall constitute the written notice required pursuant to the need preceding sentence. In an emergency situation, Landlord, as well as the applicable emergency personnel, shall have the right to preserve access the experiments being conductedSecured Areas by any means and using any force as may be reasonable under the circumstances without liability to Tenant of any kind therefor. Tenant may install locks and security devices therefor, provided that Tenant shall, upon Landlord's request during normal business hours, provide an authorized person to escort Landlord or its employees in inspecting the Secured Areas and provided Tenant delivers to Landlord keys and other information necessary to access such Secured Areas at the expiration or earlier termination of the Lease Term. Tenant's installation of any such locks and security devices shall be performed in accordance with Section 12 of this Lease. Landlord will use good faith and diligent make reasonable efforts not to disrupt inconvenience Tenant or interfere with Tenant's business in exercising the foregoing rights, but shall not be liable for any areas so designated. Regardless loss of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceoccupation or quiet enjoyment thereby occasioned.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with TenantAt Landlord’s reasonable expense and non-discriminatory corporate policies and rules and regulationsupon written notice as required below, Landlord, or its agentsrepresentatives or consultants, contractorsshall have the right to enter upon the Premises and make any inspection, servants and employees may only enter tests, measurements, investigation or assessment Landlord deems necessary in the interior exercise of its reasonable judgment in order to determine the presence of Hazardous Materials and/or to determine whether the Premises are in compliance with applicable Environmental Requirements; provided, however, that Landlord' right of entry as contemplated by this Section 4.4(f) shall be limited to the following circumstances: (A) Landlord shall have a reasonable suspicion that the Premises is in violation of applicable Environmental Requirements, (B) in connection with a sale of the Premises Premises, (C) in connection with a Tenant escort (if Tenant makes financing of the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, emailPremises, or written(D) if required by the mortgagee of the Premises. Landlord will not make borings on the Premises except if strictly in compliance with the following: (i) borings are recommended by an environmental professional as that term is defined by ASTM following, or as part of, a Phase II Environmental Site Investigation, (ii) all borings will be made during non-business hours, (iii) the borings will not unreasonably interfere with access, parking or business operations at the Premises; and after (iv) the Premises will be promptly returned to their prior condition at Landlord's expense. Any entry on the Premises by Landlord shall be performed in accordance with the requirements of Article XII hereof. Nothing herein shall be deemed to require Landlord to conduct any such testing, measurement, investigation or assessment. Landlord shall give Tenant a minimum of thirty (30) days’ written notice prior to conducting any such inspection, tests, borings, measurements, investigation or assessment except under urgent or emergency conditions Landlord shall only be obligated to give such notice as is reasonable given the emergency circumstances. Landlord’s good faith efforts right of entry and inspection shall include the right to coordinate such entry with inspect Tenant’s on-site management so as records required to minimize interference with Tenant’s business operations (except in a case of emergency in which event Landlord may enter at be maintained pursuant to Environmental Requirements. If such inspections disclose any time without notice to Tenant) for the following purposes only: (a) to examine Hazardous Materials present on or Released from the Premises to confirm Tenant’s compliance with which are in violation of the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Tenant shall pay Landlord shall have the right during the last year of the Term then its reasonable expenses incurred in effectperforming said tests, to show the Premises to prospective tenants and post appropriate for lease signsmeasurements, investigation or assessments; (g) to review Tenant’s Hazardous Materials handlingotherwise, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which all such expenses will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence’s.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reserves the right at all reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter times during the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms term of this Lease for Landlord or Landlord's agents to enter the Premises for the purpose of inspecting and to serveexamining the same, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises same to prospective and actual purchasers, investors, brokers, agentspurchasers or tenants, and Lenders and to post appropriate for sale signs; make such repairs, alterations, improvements or additions as Landlord reasonably may deem necessary or desirable. During the one hundred twenty (e120) at days prior to the expiration of the term of this Lease or any time after an Event of Defaultrenewal term, to show Landlord may exhibit the Premises to prospective tenants or purchasers, and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show place upon the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the usual notices advertising the Premises for Hazardous Materials contamination sale or potential contaminationlease, including as the case may be, which notices Tenant shall permit to remain thereon without molestation. If Tenant shall not be personally present to open and permit an environmental audit entry into said Premises and Landlord has tried to contact Tenant, Landlord, or Landlord's agent, may at any time, when for any reason an entry therein shall be necessary or permissible, enter the same to the extent permitted by law, by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. If Landlord was unable to contact Tenant, Landlord shall secure the Premises until Tenant or its agent arrives. Nothing herein contained, however, shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the building or any part thereof, except as otherwise herein specifically provided. In order to secure Landlord's right of entry hereunder, Tenant agrees to make no changes in the locks of the Premises (and shall not re-key the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to present locks without Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence's prior written consent.
Appears in 1 contract
Samples: Office Lease Agreement (Syntel Inc)
LANDLORD'S RIGHT OF ENTRY. Provided 23.1. Landlord and Landlord’s agents and representatives shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter into or upon the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, emailPremises, or written) any part thereof, at all reasonable hours and after Landlord’s good faith efforts to 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 may enter at any time without upon reasonable ,notice to Tenant) for the following purposes onlypurposes: (ai) to examine examining the Premises to confirm TenantPremises; (ii) making such repairs or alterations therein as may be necessary in Landlord’s compliance with sole judgment for the terms safety and preservation of this Lease and to servethe Building or the Premises; (iii) erecting, postmaintaining, repairing, or keep posted any notices required replacing wires, ducts, cables, conduits, vents, or allowed under this Leaseplumbing equipment running in, to, or through the Premises; (biv) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show showing the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signsnew tenants during the last nine (9) months of the Term; or (ev) at any time after an Event of Default, to show showing the Premises during the Term to any mortgagees or prospective tenants and to post appropriate for lease signs; purchasers of the Real Property. Landlord shall give Tenant five (f5) if Business Days’ prior written notice before commencing any non-emergency repair or alteration. Landlord agrees that Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right to make its representative available to accompany Landlord during the last year foregoing entry; however, Landlord shall not be obligated to reschedule its entry based on the availability of the Term then in effect, to show such representative.
23.2. Landlord may enter upon the Premises at any time in case of emergency without prior notice to prospective tenants and post appropriate for lease signs; (g) to review Tenant.
23.3. Landlord, in exercising any of its rights under this Article 23, shall not be deemed guilty of an eviction, partial eviction, constructive eviction, or disturbance of Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination use or potential contamination, including an environmental audit possession of the Premises (and shall not be liable to Tenant for same.
23.4. All work performed by or on behalf of Landlord in or on the costs of which will Premises pursuant to this Article 23 shall be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at performed with as little inconvenience to Tenant’s cost within business as is reasonably possible.
23.5. Tenant shall not change any locks or install any additional locks on doors entering into the preceding 24 months)Premises without the consent of Landlord and, and (h) if any change is made, a copy of any such lock key shall be given to shore the foundations, footings, and walls of the Project, and Landlord. If in an emergency Landlord is unable to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent gain entry to the Premises by unlocking entry doors thereto, Landlord may force or otherwise enter the Premises without liability to unreasonably interfere with Tenant’s use Tenant for any damage resulting directly or business being conducted in indirectly therefrom. Tenant shall be responsible for all damages created or caused by its failure to give to Landlord a copy of any key to any lock installed by Tenant controlling entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then The Landlord shall have the right right, without charge or diminution of rent, to enter the leased premises at all reasonable times and in a reasonable manner for the purposes of examining the leased premises, and making repairs or improvements either to the leased premises or to utility lines or other facilities of the building or to install such lines or facilities. Tenant shall upon the discovery of any defect in or injury to the Leased Premises, or any need of repairs, promptly report the same to Landlord in writing, specifying such defects. There shall be no allowance to Tenant or diminution of rent and no liability on the part of the Landlord by reason of inconvenience, annoyance, or injury to alterations, additions, or improvements to the fixtures, appurtenances and equipment.
A. During the three months prior to the expiration of the term of this Lease, Landlord may exhibit the leased premises to prospective tenants. If, during the last year month of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit term of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, Tenant shall have removed all of Tenant's property, Landlord may, on forty-eight hours' notice to Tenant, enter and alter, renovate and redecorate the Leased Premises without charge or abatement of rent.
B. Landlord shall be allowed to take all material into and upon the Leased Premises that may be required for repairs or alterations (iiibut only as or when needed for immediate use) Landlord has not conducted a similar inspection/review at Tenant’s cost within without the preceding 24 months)same constituting an eviction of Tenant in whole or in part while such repairs or alterations are being made, and (h) to shore the foundations, footings, and walls by reason of loss or interruption of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature operations of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Teardrop Golf Co)
LANDLORD'S RIGHT OF ENTRY. Provided A. The Landlord or his agents shall have the right to enter the Premises immediately in the event of an emergency or at such reasonable times and upon at least 48 hours prior notice in order to examine it, to show it to prospective tenants (during the last 90 days of the then-current term), or to make such decorations, repairs, alterations, improvements or additions as the Landlord shall strictly comply with deem necessary or desirable, including but not limited to the construction/improvement of offices adjacent to or above the Premises. Landlord will give Tenant at least 48 hours prior notice of its requirements, and will be responsible for conducting such work so as not to impair Tenant’s reasonable 's use and non-discriminatory corporate policies enjoyment of the Premises. The Landlord shall be allowed to take all material into and rules upon the Premises that may be required therefor without the same constituting an eviction of the Tenant in whole or in part unless Tenant's use and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior enjoyment of the Premises with is impaired. The rent required shall abate while decorations, repairs, alterations, improvements or additixxx xre being made by Landlord only when there is a loss or interruption of the business of the Tenant. The granting of such an abatement must be approved in writing by the Landlord prior to the start of any improvements. If the Tenant escort shall not be personally present to open and permit an entry into the Premises during an emergency and entry therein shall be necessary, the Landlord or his agents may enter the Premises without rendering the Landlord or such agents liable therefor (if Tenant makes during such entry the escort reasonably availableLandlord or his agents shall accord reasonable care to the Tenant's property), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except without in a case of emergency in which event Landlord may enter at any time without notice to Tenant) for manner affecting the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms obligations and covenants of this Lease and Agreement. The Landlord's right of entry shall not be deemed to serveimpose upon the Landlord any obligation, postresponsibility, or keep posted any notices required liability for the care, supervision or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy repair of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then other than herein provided. The Landlord shall have the right during at any time, without effecting an actual or constructive eviction and without incurring any liability to the last year Tenant therefor, to change the arrangements or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Term then in effectbuilding and to change the name, to show number or designation by which the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit Building is commonly known.
B. For each of the Premises (aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all the costs of which will be borne by Tenant whenever (i) they reveal any contaminationdoors in, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around upon and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with excluding Tenant’s use or business being conducted in the Premises, 's vaults and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conductedsafes, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees shall have the right to use reasonable efforts any and due diligence all means which Landlord may deem proper to maintain all information obtained by open such doors in an entry in the Premises in strict confidenceemergency.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only independent contractors shall have the right to enter the interior Premises at reasonable hours to inspect and examine same, to make repairs, additions, alterations, and improvements to exhibit the Premises to mortgagees, prospective mortgagees, purchasers or (during the last eighteen (18) months of the Lease Term) tenants, to post notices of nonresponsibility and to inspect the Premises to ascertain that Tenant is complying with a all of its covenants and obligations hereunder, all without being liable to Tenant escort (if in any manner whatsoever for any damages arising therefrom; provided, however, that Landlord shall, except in case of emergency, afford Tenant makes such prior notification of an entry into the escort Premises as shall be reasonably available)practicable under the circumstances, after giving Tenant but not less than twenty-four (24) hours’ prior notice (oral, emailunless otherwise agreed to by Tenant; and provided, or written) and after Landlord’s good faith further, that Landlord shall use commercially reasonable efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except 's use of and access to the Premises. Landlord shall be allowed to take into and through the Premises any and all materials that may be required to make any such repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained in a case of emergency in which event this Section 14, Landlord may enter the Premises at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms perform services required of this Lease and to serve, post, or keep posted any notices required or allowed under this LeaseLandlord; (b) take possession due to perform any obligation or exercise any right or remedy breach of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 aboveherein; and (c) perform any covenants of Tenant which Tenant fails to perform or commence to perform within ten (10) days after written notice from Landlord of such failure and thereafter diligently pursue to completion. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as are required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, then lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; provided, however, that Landlord uses commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises. In an emergency, Landlord shall have the right during to use any means that Landlord may deem proper to open the last year of doors in and to the Term then in effect, to show Premises. Any entry into the Premises in the manner hereinbefore described shall not be deemed to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination be a forcible or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Leaseunlawful entry into, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in detainer of; the Premises, and to do or an actual or constructive eviction of Tenant from any other act or thing necessary for the safety or preservation portion of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of Notwithstanding the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant Landlord may require Landlord to sign a reasonable confidentiality agreement only access Tenant's computer rooms and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry network operations center in the Premises presence of Tenant's representatives, except in strict confidencethe event of an emergency.
Appears in 1 contract
Samples: Lease (Digital Island Inc)
LANDLORD'S RIGHT OF ENTRY. Provided To permit Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) agents to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease at reasonable times (including, without limitation, Landlord’s obligations under Article 7 Monday through Friday, 8:00 a.m. until 6:00 p.m.) and Article 8 upon reasonable prior notice to Tenant (except in the event of this Leasean emergency where Landlord shall only be required to use reasonable efforts to provide notice, which need not be in writing, and only to the extent feasible considering the emergency) and, if Landlord shall so elect, to make any repairs or replacements Landlord may deem reasonably necessary; to remove, at Tenant's expense, any alterations, addition, signs, curtains, blinds, shades, awnings, aerials, flagpoles, or the like not consented to in writing (where such consent is required hereunder); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants during the twenty (20) months preceding expiration of the Term (unless Tenant shall have given Landlord a Tenant's Extension Notice and Tenant shall have waived any right to withdraw said Extension Notice and Tenant shall be unconditionally bound to extend the then existing Term under Section 2.4.0) and to post appropriate for lease signs; (f) prospective purchasers and mortgagees at all reasonable times and upon reasonable prior notice to Tenant. In addition, Landlord agrees that if it is showing the Premises to a prospective tenant or purchaser who is engaged in a business in direct competition with that of Tenant, Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right to have a representative present during such entry and to place reasonable restrictions on such competitor's access to areas where Tenant's work product may be in plain view. In connection with the last year of the Term then in effectforegoing, to show the Premises to Landlord shall identify all prospective tenants or purchasers and post appropriate for lease signs; (g) their representatives by name to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) prior to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in bringing said parties into the Premises, and to do any other act so that Tenant may reasonably determine whether or thing necessary for not such parties are direct competitors of Tenant; provided, however, that in the safety event a prospective tenant or preservation of the Premises or Project if any excavation or other construction is undertaken or is about purchaser does not want to be undertaken on any adjacent property thus identified, such prospective tenant's or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and purchaser's access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition limited to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas such portions of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless Tenant may elect as if such party were a direct competitor of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceTenant.
Appears in 1 contract
Samples: Sublease (Datawatch Corp)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective lenders and purchasers, to servemake necessary Alterations or maintenance and repairs, post, or keep posted any notices required or allowed under this Lease; (b) to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any obligation or exercise any right or remedy reasonable time after one hundred eighty (180) days prior to the expiration of Landlord under this Lease (includingthe Term, without limitation, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of the Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and Lenders and in exercising its rights set forth herein, Landlord shall endeavor to post appropriate for sale signs; (e) cause the least possible interference with Tenant's business. Landlord shall at any time after an Event all times have the right to retain a key which unlocks all of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) doors in the manner provided in Section 2.2 abovePremises, then excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord's Agents shall not be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of Tenant from the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere conducted reasonably in accordance with Tenant’s use of, and access to, the Premises. The nature terms of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceLease.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord or its agents shall have the right to enter the Leased Premises at reasonable times upon reasonable notice in order to examine it or to show it to prospective tenants or buyers, to place “For Rent” or “For Sale” signs on or about the Leased Premises, and to make modifications or other changes to the Property as are necessary in Landlord’s reasonable, sole discretion to facilitate development of its property, provided, however, Landlord shall strictly comply with Tenant’s use its reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate minimize the effect of any such entry with Tenant’s on-site management so as to minimize or any interference with Tenant’s business operations (except use of the Leased Premises. Upon receipt of reasonable advance notice from Landlord, Tenant may arrange to have a designated representative accompany Landlord in a case entering the Leased Premises. Landlord’s right of emergency in which event reentry shall not be deemed to impose upon Landlord may enter at any time without notice obligation, responsibility, or liability for the care, supervision or repair of the Leased Premises other than as herein; provided; however, that Landlord shall prevent loss or damage to Tenant) ’s property resulting from Landlord’s entry, and shall reimburse Tenant for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, cost resulting from any such damage or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then loss. Landlord shall have the right during at any time, without effecting an actual or constructive eviction and without incurring any liability to Tenant therefore, to change the last year arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; Buildings (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has provided that such action does not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere interference with Tenant’s access to or use or business being conducted in of the Leased Premises, ) and to do any other act change the name, number or thing necessary for designation by which the safety or preservation of the Premises or Project if any excavation or other construction Building is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premisescommonly known. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of Notwithstanding the foregoing, as a condition Landlord shall have the right to Landlord’s entry as permitted by this Article 16, enter the Leased Premises without first giving notice to Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas in the event of an emergency where the nature of the Premises as temporarily off limits due to emergency will not reasonably permit the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless giving of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencenotice.
Appears in 1 contract
Samples: Commercial Lease
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractorsemployees, servants and employees contractors may only enter the interior Premises at any time in response to an emergency and at all other times at reasonable hours and upon prior notice to:
(a) inspect the Premises;
(b) exhibit the Premises to prospective purchasers, or lenders or, and during the last six (6) months of the Term, prospective tenants of the Building;
(c) determine whether Tenant is complying with all of its obligations in this Lease;
(d) supply services to be provided by Landlord to Tenant according to this Lease;
(e) post written notices of nonresponsibility or similar notices; and
(f) at any other time with Tenant’s prior approval, such approval not to be unreasonably withheld. Tenant, by this Article 14, waives any claim against Landlord, its agents, employees, or contractors for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by any entry in accordance with this Article 14. Landlord will at all times have and retain a key with which to unlock all of the doors in, on or about the Premises. Landlord will have the right to use any and all means it may deem proper to open doors in and to the Premises in an emergency in order to obtain entry to the Premises, and Tenant shall indemnify and hold Landlord harmless from and against any losses, damages and expenses resulting therefrom, including, without limitation, any necessary repair expenses. Any entry to the Premises by Landlord in accordance with this Article 14 will not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises with a or an eviction, actual or constructive, of Tenant escort (if from the Premises or any portion of the Premises, nor will any such entry entitle Tenant makes the escort reasonably available)to damages or an abatement of Base Rent, after giving Tenant twenty-four (24) hours’ prior notice (oral, emailAdditional Rent, or written) other charges that this Lease requires Tenant to pay. Landlord shall have the right of ingress and after Landlord’s good faith egress over driveways and parking areas to that part of the Building and the other buildings on the land which are not leased by the Tenant. Landlord shall use commercially reasonable efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted during any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agentssuch entry, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right to have a representative present during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencesame.
Appears in 1 contract
Samples: Lease Agreement (ACV Auctions Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord, any ground lessor, mortgagee or any agent thereof, shall have the right to enter the Leased Premises at reasonable times: to perform Landlord's covenants as set forth in this Lease, for purposes of inspection and to insure Tenant's compliance with the provisions of this Lease, to make any repairs, replacements or alterations to the Building or do any work which Landlord may deem necessary, or to show the Leased Premises to prospective purchasers of the Building, and also, during the last six (6) months of the Lease Term, to show the Leased Premises to prospective tenants; PROVIDED, HOWEVER, that except for emergencies, Landlord shall strictly comply with Tenant’s reasonable (a) give Tenant at least 24 hours' prior notice of such entry, and non-discriminatory corporate policies and rules and regulations, (b) enter upon the Leased Premises only during normal business hours. With the exception of emergency repairs by Landlord, its agents, employees and contractors, servants and employees may only no persons shall enter the interior Leased Premises unless accompanied by a representative of Tenant. Landlord also shall have the right to enter the Leased Premises at any reasonable times after giving prior notice to Tenant to exhibit the Leased Premises to any prospective purchaser, tenant and/or mortgagee thereof provided that a representative of Tenant shall accompany any prospective purchaser, tenant and/or mortgagee inspecting the Leased Premises and further provided that Tenant may restrict access to certain portions of the Leased Premises with a in order to safeguard the confidentiality of proprietary equipment. In the event Tenant escort (if Tenant makes abandons the escort reasonably available)Leased Premises prior to the expiration of the Lease Term, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts Landlord shall have the right to 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 may enter the Leased Premises at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) thereafter to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Leased Premises to prospective tenants and to post appropriate retrofit all or a portion thereof for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord new tenants. No such entry and construction work shall have the right during the last year be deemed to be an acceptance of surrender by landlord of all or a portion of the Term then in effectLeased Premises until a replacement tenant actually occupies the same for its business purposes. Acceptance of surrender shall be deemed to occur upon the occupancy by a replacement tenant, but only as to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit such portion of the Leased Premises (the costs which such replacement tenant occupies. Notwithstanding any such acceptance of which will be borne by surrender, Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary shall remain liable for the safety or preservation of difference between the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere rent reserved hereunder and the rent Landlord receives under a lease with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencereplacement tenant.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord’s Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times upon reasonable Notice to Tenant (except for emergencies or to provide janitorial services, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes for sale, to show the escort reasonably available)Premises to interested parties such as prospective lenders and purchasers, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after to perform Landlord’s good faith efforts obligations under this Lease, to coordinate such entry with perform Tenant’s on-site management so obligations as permitted herein when Xxxxxx has failed to do so, to exercise Landlord’s rights under this Lease and, at any reasonable time, 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 liability 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 use commercially reasonable efforts to minimize interference with Tenant’s business operations (except business. Landlord shall at all times have the right to retain a key which unlocks all of the doors in a case of emergency in which event Landlord may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Premises, excluding Tenant’s compliance with the terms of this Lease vaults and to servesafes, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of and Landlord under this Lease (including, without limitation, and Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord’s Agents shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord’s Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times upon reasonable Notice to Tenant (except for emergencies, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes for sale, to show the escort reasonably available)Premises to interested parties such as prospective lenders and purchasers, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after to perform Landlord’s good faith efforts obligations under this Lease, to coordinate such entry with perform Tenant’s on-site management so obligations as permitted herein when Tenant has failed to do so, to exercise Landlord’s rights under this Lease, and, at any reasonable time after one hundred eighty (180) days prior to the 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 liability 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 use commercially reasonable efforts to minimize interference with Tenant’s business operations (except business. Landlord shall at all times have the right to retain a key which unlocks all of the doors in a case of emergency in which event Landlord may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Premises, excluding Tenant’s compliance with the terms of this Lease vaults and to servesafes, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of and Landlord under this Lease (including, without limitation, and Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord’s Agents shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Tenant agrees to permit Landlord shall strictly comply with Tenant’s and the authorized representatives of Landlord and of Lender to enter upon the Demised Premises at all reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) times for the following purposes only: (a) to examine of inspecting the Demised Premises to confirm and Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease, and making any necessary repairs thereto; provided that, (bi) except in the case of an emergency, Landlord shall give Tenant reasonable prior notice of Landlord’s intended entry upon the Demised Premises 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 default in failing to perform any obligation it. Landlord shall not be liable for inconvenience, annoyance, disturbance or exercise any right other damage to Tenant by reason of making such repairs or remedy the performance of Landlord 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 (includingshall not thereby be affected; provided, without limitationhowever, Landlordthat Landlord shall use reasonable efforts not to disturb or otherwise interfere with Tenant’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) operations in the manner provided Demised Premises in Section 2.2 above, then making such repairs or performing such work. Landlord also shall have the right during to enter the Demised Premises at all reasonable times to exhibit the Demised Premises to any prospective purchaser, mortgagee or tenant thereof (provided that prospective tenants may only be shown the Demised Premises within the last year six (6) months of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Lease); provided, however, that in no event shall Landlord be entitled to allow any competitor of Tenant access into the Demised Premises (without the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls prior written consent of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about Tenant (to be undertaken on any adjacent property granted or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry withheld in the Premises in strict confidence.its sole discretion)
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Group shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective lenders and purchasers, to servemake necessary Alterations or maintenance and repairs, post, or keep posted any notices required or allowed under this Lease; (b) to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any obligation or exercise any right or remedy reasonable time after one hundred eighty (180) days prior to the expiration of Landlord under this Lease (includingthe Term, without limitation, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of the Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and Lenders and in exercising its rights set forth herein, Landlord shall endeavor to post appropriate for sale signs; (e) cause the least possible interference with Tenant's business. Landlord shall at any time after an Event all times have the right to retain a key which unlocks all of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) doors in the manner provided in Section 2.2 abovePremises, then excluding Tenant's vaults and safes, and Landlord and Landlord's Group shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord's Group shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Tenant shall have the right to designate, by written notice to Landlord, “Special Secured Areas” within the Demised Premises that Landlord may enter only in the event of an actual, suspected, or threatened emergency threatening personal safety or the Building or property therein. Except for such Special Secured Areas, Landlord shall strictly comply retain duplicate keys to all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the right upon reasonable prior notice to Tenant to enter the Demised Premises at reasonable hours to make repairs, additions, alterations, and improvements that are required by this Lease or are otherwise performed with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulationsprior written consent, Landlord, its agents, contractors, servants and employees to exhibit the Demised Premises to prospective purchasers or tenants (but Landlord may enter to exhibit the Demised Premises to prospective tenants only enter during the interior last twelve (12) months of the Lease Term) and to inspect the Demised Premises to ascertain that Tenant is complying with a all of its covenants and obligations hereunder, and for the purpose of exercising any right or remedy reserved to Landlord in this Lease. Landlord shall, except in case of emergency, provide Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant at least twenty-four (24) hours’ prior notice (oral, email, or written) notification of an entry into the Demised Premises and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review require that Landlord be accompanied by Tenant’s Hazardous Materials handlingrepresentative while within the Demised Premises. During such time as any such repairs, confirm chemical inventory listadditions, alterations and otherwise inspect improvements that are required or permitted by this Lease are being performed in or about the Demised Premises for Hazardous Materials contamination by Landlord, the Rent provided herein shall not xxxxx, unless the Demised Premises or potential contaminationa material portion thereof is rendered untenantable (excluding untenantability caused by (a) a Casualty, including an environmental audit of the Premises (the costs of which will shall be borne governed by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan)Article 21, (iib) they follow an Event of Default eminent domain, which shall be governed by Tenant under this LeaseArticle 32, or (iiic) Landlord has not conducted a similar inspection/review at the negligence or fault of Tenant’s cost , its agents, employees or contractors) for more than five (5) consecutive business days, in which event Rent shall be equitably abated in proportion to the percentage of the Net Rentable Area within the preceding 24 months)Demised Premises that is untenantable until the entire Demised Premises (or portion thereof) are again tenantable, and (h) to shore the foundationsand, footingsother than such abatement, and walls Tenant waives any claim or cause of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary action against Landlord for the safety or preservation damages by reason of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature interruption of Tenant’s business is such that there will be certain areas or loss of profits therefrom because of the prosecution of any such work or any part thereof. For purposes hereof, any untenantability of the Demised Premises where confidential items will shall be kept or experiments may be underwaydetermined by Landlord and Tenant acting reasonably. In light of the foregoing, as a condition to Landlord’s entry as permitted by event there arises any dispute under this Article 1615, Tenant may require the parties agree to first submit such dispute for resolution by non-binding mediation. Landlord to sign a shall exercise all due care in connection with any such entry into the Demised Premises and will undertake all reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless unduly disturb Tenant’s use and occupancy of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceDemised Premises.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after 14.1. Upon giving Tenant twenty-four (24) hours’ no less than 48 hours prior written notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except in a the case of an emergency, when no notice is required), Landlord and its authorized agents shall have the right to enter the Premises during normal working hours for the following purposes: (a) inspecting the general condition and state of repair of the Premises, (b) making of repairs required or authorized herein, (c) showing the Premises to any current or prospective purchaser, tenant, mortgagee or any other party, (d) or for any other reasonable purpose. During the final 180-day period of the Term of this Lease, Landlord and its authorized agents shall have the right to erect on or about the Premises a customary sign advertising the property for lease or for sale. Furthermore, in the event of any emergency (defined to be any situation in which event Landlord may reasonably perceives imminent danger or injury to person and/or damage or loss of property), Landlord and its authorized agents shall have the right to enter the Premises at any time without notice notice.
14.2. In any circumstance where Landlord is permitted to Tenant) enter upon the Premises, whether for the following purposes only: (a) purpose of curing any default of Tenant, repairing damage resulting from fire or other casualty or an eminent domain taking or is otherwise permitted hereunder or by law to examine go upon the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent no such entry to the Premises shall constitute an eviction or to unreasonably interfere with disturbance of Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation possession of the Premises or Project if a breach by Landlord of any excavation of Landlord’s obligations hereunder or render Landlord liable for damages for loss of business or otherwise or entitle Tenant to be relieved from any of Tenant’s obligations hereunder or grant Tenant any right of setoff or recoupment or other construction is undertaken or is about to be undertaken on any adjacent property or nearby streetremedy; provided in connection with any such acts do entry incident to the performance of repairs, replacements, maintenance or construction; all of the aforesaid provisions shall be applicable notwithstanding that Landlord may elect to take building materials in, to or upon the Premises that may be required or utilized in connection with such entry by Landlord; provided, however, Landlord shall use reasonable efforts to not disturb or unreasonably interfere with Tenant’s access to or the use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceits employees.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Demised Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord independent contractors shall have the right during to enter the last year of the Term then in effectDemised Premises at reasonable hours to inspect and examine same, to show make repairs, additions, alterations, and improvements, to exhibit the Demised Premises to mortgagees, prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handlingmortgagees, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination purchasers or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Projecttenants, and to erect scaffolding inspect the Demised Premises to ascertain that Tenant is complying with all of its covenants and protective barricades around obligations hereunder, all without being liable to Tenant in 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 and shall use all reasonable efforts to avoid causing any disruption of the Demised Premises. Landlord shall be allowed to take into and through the Demised Premises 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 Project and Demised Premises, but the Rent provided herein shall not so as to prevent entry 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 ATL01/10756990v6 the prosecution of any such work or any part thereof Notwithstanding any other provisions of this Lease to the contrary, Tenant shall be permitted to designate not more than 10,000 square feet of the Demised Premises as safe or confidential areas or locked computer rooms to unreasonably interfere with be known as "Locked Documentation Rooms", to which Landlord shall have no access, unless accompanied by Tenant’s use or business being conducted in the Premises's authorized representatives. Tenant must designate such spaces as "Locked Documentation Rooms' by written notice to Landlord, and to do such status shall only be effective after receipt by Landlord of such written notice. Landlord, when accompanied by Tenant's representative may inspect any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any Locked Documentation Rooms during Tenant's normal business hours after giving Tenant reasonable prior notice requesting such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underwayan inspection. In light of the foregoing, as a condition emergency where immediate access to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreementsuch rooms is necessary, Landlord agrees may, after being unable to use locate an employee of Tenant using all reasonable efforts and due diligence means, gain access to maintain all information obtained a Locked Documentation Room by an entry in the Premises in strict confidenceusing force. Landlord shall not be responsible for providing janitorial services with respect to any Locked Documentation Room. Landlord shall not receive copies of keys, pass cards or cipher lock combinations to Locked Documentation Rooms.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Notwithstanding anything to the contrary contained in this Section 14, Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior retain duplicate keys to all doors of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, and Landlord or written) and after Landlord’s good faith efforts to 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 any Landlord Party may enter the Premises at any time without notice to Tenant) for the following purposes onlyto: (a) to examine and inspect the Premises (including to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed its obligations under this Lease; ), (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual investors, purchasers, investorsmortgagees, brokerslessors or lessees, agents(c) make such repairs, and Lenders and alterations, replacements or additions to post appropriate the Premises (i) which Landlord may elect to perform following Tenant’s failure to perform or in the event of an emergency, or (ii) for sale signs; which Landlord is responsible, (d) comply with any Laws, (e) at any time after an Event post notices of Default, to show the Premises to prospective tenants nonresponsibility and to post appropriate for lease signs; (f) if exercise Landlord’s remedies upon the occurrence and during the continuation of a Default all without being liable to Tenant does in 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 Premises as shall be reasonably practicable under the circumstances, but not exercise its Renewal Option(sless than one (1) Business Day, unless otherwise agreed to by Tenant. Landlord shall be allowed to take into and through the Premises any and all materials that may be required to make any such repairs, additions, alterations or improvements. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as are required to accomplish the stated purposes. 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 except in the manner provided in Section 2.2 abovecase of the gross negligence or willful misconduct of Landlord or its agents, then employees or contractors. In an emergency, Landlord shall have the right during to use any means that Landlord may deem proper to open the last year of doors in and to the Term then in effect, to show Premises. Any entry into the Premises in the circumstances and manner described in this Section 14 shall not be deemed to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination be a forcible or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Leaseunlawful entry into, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months)detainer of, and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do or an actual or constructive eviction of Tenant from any other act or thing necessary for the safety or preservation portion of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Lifelock, Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided Tenant shall have the right to designate, by written notice to Landlord, “Special Secured Areas” within the Demised Premises that Landlord may enter only in the event of an actual, suspected, or threatened emergency threatening personal safety or the Building or property therein. Except for such Special Secured Areas, Landlord shall strictly comply retain duplicate keys to all doors of the Demised Premises and Landlord and its agents, employees and independent contractors shall have the right upon reasonable prior notice to Tenant to enter the Demised Premises at reasonable hours to make repairs, additions, alterations, and improvements that are required by this Lease or are otherwise performed with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulationsprior written consent, Landlord, its agents, contractors, servants and employees to exhibit the Demised Premises to prospective purchasers or tenants (but Landlord may enter to exhibit the Demised Premises to prospective tenants only enter during the interior last twelve (12) months of the Lease Term) and to inspect the Demised Premises to ascertain that Tenant is complying with a all of its covenants and obligations hereunder, and for the purpose of exercising any right or remedy reserved to Landlord in this Lease. Landlord shall, except in case of emergency, provide Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant at least twenty-four (24) hours’ prior notice (oral, email, or written) notification of an entry into the Demised Premises and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review require that Landlord be accompanied by Tenant’s Hazardous Materials handlingrepresentative while within the Demised Premises. During such time as any such repairs, confirm chemical inventory listadditions, alterations and otherwise inspect improvements that are required or permitted by this Lease are being performed in or about the Demised Premises for Hazardous Materials contamination by Landlord, the Rent provided herein shall not xxxxx, unless the Demised Premises or potential contaminationa material portion thereof is rendered untenantable (excluding untenantability caused by (a) a Casualty, including an environmental audit of the Premises (the costs of which will shall be borne governed by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan)Article 21, (iib) they follow an Event of Default eminent domain, which shall be governed by Tenant under this LeaseArticle 32, or (iiic) Landlord has not conducted a similar inspection/review at the negligence or fault of Tenant’s cost , its agents, employees or contractors) for more than five (5) consecutive business days, in which event Rent shall be equitably abated in proportion to the percentage of the Net Rentable Area within the preceding 24 months)Demised Premises that is untenantable until the entire Demised Premises (or portion thereof) are again tenantable, and (h) to shore the foundationsand, footingsother than such abatement, and walls Tenant waives any claim or cause of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary action against Landlord for the safety or preservation damages by reason of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature interruption of Tenant’s business is such that there will be certain areas or loss of profits therefrom because of the prosecution of any such work or any part thereof. For purposes hereof, any untenantability of the Demised Premises where confidential items will shall be kept or experiments may be underwaydetermined by Landlord and Tenant acting reasonably. In light of the foregoing, as a condition to Landlord’s entry as permitted by event there arises any dispute under this Article 1615, Tenant may require the parties agree to first submit such dispute for resolution by non-binding mediation. Landlord to sign a shall exercise all due care in connection with any such entry into the Demised Premises and will undertake all reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designatedunduly disturb Tenant’s use and occupancy of the Demised Premises. Regardless Subject to a request for confidential treatment, certain portions of whether Landlord signs a confidentiality agreement, Landlord agrees this agreement have been intentionally omitted. The omitted portions subject to use reasonable efforts the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceExchange Commission.
Appears in 1 contract
Samples: Deed of Lease Agreement
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twentyat all reasonable times upon 48-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without ' written notice to Tenant) , except for emergencies in which case no notice shall be required, to inspect the following purposes only: (a) Premises, to examine take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of Premises for sale, to show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective lenders and purchasers, to servemake necessary Alterations or perform maintenance, postreplacement and repairs, or keep posted any notices required or allowed under this Lease; (b) to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any obligation or exercise any right or remedy reasonable time after one hundred eighty (180) days prior to the expiration of Landlord under this Lease (includingthe Term, without limitation, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and Lenders 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 and to post appropriate for sale signs; (e) at any time after an Event retain a key which unlocks all of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) doors in the manner provided in Section 2.2 abovePremises, then excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord's Agents shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature Notwithstanding anything contained in this Lease to the contrary, in the event a release of Tenant’s business is such that there will be certain areas of Hazardous Material occurs on or affects the Premises, Landlord or Landlord's Agents shall have the right to enter the Premises where confidential items will be kept at any time, without prior notice, to inspect, monitor, take emergency or experiments may be underway. In light long-term remedial action, discharge Tenant's obligations under the Lease at the expense of the foregoingTenant if Tenant has failed to do so, or take any other action as a condition Landlord deems necessary to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of restore the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceits original condition.
Appears in 1 contract
Samples: Lease (Broadcom Corp)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) Tenant agrees to examine permit Landlord and the authorized representatives of Landlord to enter the Premises at all reasonable times during business hours for the purpose of inspecting them, including, without limitation, the 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 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. 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 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 Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Tenant under this Lease shall not thereby be affected and the cost of each of such repairs or the performance of such work shall be payable by Tenant to Landlord pursuant to and in accordance with Section 21 hereof. Landlord also shall have the right to enter the Premises at all reasonable times during business hours to exhibit the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, any prospective purchaser or keep posted any notices required or allowed under this Lease; mortgagee thereof.
(b) Notwithstanding the provisions of subsection 8(a) above to perform the contrary, Landlord's right to enter upon the Premises shall be subject to any obligation or exercise any right or remedy of Landlord under this Lease restrictions, limitations and provisions set forth in applicable laws and governmental regulations (including, without limitation, Landlord’s obligations under Article 7 laws and Article 8 governmental regulations of this Leasethe United States Coast Guard and laws and governmental regulations governing gambling facilities); .
(c) Notwithstanding the provisions of subsection 8(a) above to perform work necessary the contrary, Landlord's right to comply with laws, statutes, ordinances, rules enter upon any boat or regulations other vessel located within or adjacent to the Premises shall be subject to the further limitation that Landlord must give to Tenant at least 48 hours prior written notice of Landlord's intention to enter such boat or other vessel and Landlord may do so only accompanied by a representative of Tenant (and Tenant agrees to make such representative available) and only to determine if Tenant is in breach of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant obligation under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, or its agents, contractors, servants and employees authorized representatives may only enter the interior of Premises at all times during Tenant's Business Hours to inspect the Premises, make repairs to the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, authorized hereunder or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease work therein (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (ci) to perform work necessary needed to comply with any laws, statutes, ordinances, rules or regulations of any governmental public authority or of the Insurance Services Office or any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan)similar body, (ii) they follow an Event that is necessary to prevent waste or deterioration in or to the Premises if Tenant fails to make repairs or perform required work promptly after receipt of Default by Tenant under this Leasewritten demand from Landlord, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within that is necessary in connection with the preceding 24 months)expansion, and (h) to shore the foundationsreduction, footingsremodeling, and walls or renovation of any portion of the ProjectShopping Center. Nothing herein implies any duty of Landlord to do any such work which, and under any provision of this Lease, Tenant is required to erect scaffolding and protective barricades around and about do, nor shall Landlord's performance of any repairs on behalf of Tenant constitute a waiver of Tenant's default in failing to do such work. No exercise by Landlord of any rights hereunder shall entitle Tenant to any compensation, damages or abatement of Rent for any injury or inconvenience occasioned by such exercise. If Landlord makes or performs any repairs provided for in (i) or (ii) above, Tenant shall pay the Project and Premises, but not so cost thereof to Landlord as to prevent entry additional rent promptly upon receipt of a xxxx therefor. Notwithstanding any other provisions hereof to the contrary, except in the case of emergency, Landlord shall not enter the Premises only during normal business hours following the giving of forty-eight (48) hours notice (which shall be in writing, unless notice is given to Tenant's Chief Financial Officer or to unreasonably interfere with Tenant’s use or business being conducted in the branch manager on the Premises, either of whom may request that any oral notice be confirmed with a written notice) and to do any other act or thing necessary Landlord shall be accompanied by a representative of Tenant (except that such restrictions shall not apply on such days as the Premises are not open for the safety conduct of Tenant's business or preservation in the event of an emergency, in which cases Landlord shall make reasonable efforts to give oral notice to Tenant's Chief Financial Officer or the branch manager on the Premises). Furthermore, in the event of an emergency, Landlord's representative shall enter the Premises only with the accompaniment of the Premises or Project if any excavation appropriate third-party emergency response official from the Sacramento Fire Department, Sacramento Police Department, or other construction is undertaken or is about to appropriate governmental agency. All such entries shall be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere in conformance with Tenant’s use of, all applicable federal and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement state laws and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceregulations.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations(a) Except as set forth below, Landlord, its agents, contractors, servants and agents or employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant upon at least twenty-four (24) hours’ prior notice (oral, emailadvance notice, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice in the event of an emergency after first making all reasonable attempts to Tenant) for the following purposes onlyreceive permission from Tenant before entry: (a) to examine exhibit the Premises to confirm Tenant’s compliance prospective purchasers of the Building or the Property, or prospective Tenants of the Premises within the last eight (8) months of the Term; (b) to inspect the Premises to see that Tenant is complying with its obligations hereunder; (c) to make repairs, alterations, improvements and additions required of Landlord under the terms of this Lease and to serve, posthereof, or keep posted that are reasonably required to preserve the integrity, safety and good order of all or any notices part of the Premises or the Building, including any systems serving the Building which run through the Premises, or which may be necessary to comply with applicable laws, ordinances or other requirements of any governmental entity or agency having jurisdiction; (d) if requested by Tenant, to provide janitorial or other services required or allowed under this Lease; (e) to remove any alterations, additions or improvements made by Tenant in violation of Section 6(b) hereof; and (f) to make, repairs, alterations, improvements and additions to portions of the Building (including other tenant’s spaces) other than the Premises for which access to the Premises is reasonably necessary.
(b) Landlord and Tenant acknowledge and agree that Tenant may, from time to time, have certain security or confidentiality requirements such that portions or the Premises shall be locked and inaccessible to all Persons unless specifically authorized by Tenant (any such areas, the “Secure Areas”). Notwithstanding anything to the contrary contained herein, it is agreed that Landlord’s right of access to any Secure Areas shall be restricted upon the following conditions: (a) Tenant shall deliver to Landlord floor plans of the Premises designating any Secure Areas, (b) Tenant shall seek to limit such designated area to the extent reasonably necessary as determined by Tenant acting in good faith and taking into account the then-current nature of Tenant’s Permitted Use, (c) except in cases of emergency, any access to the Secure Areas by Landlord shall be upon no less than three (3) Business Days prior written notice to Tenant, and such access shall be granted to Landlord or its designated managing agent for the Building, in either case accompanied by a representative of Tenant, whom Tenant agrees to make available, and (d) Landlord shall have no obligation to provide any HVAC services or any other services or repairs to the Secure Areas unless Tenant shall provide Landlord with such access for the purposes of providing such services at those times that Landlord shall reasonably designate in accordance with the ordinary schedule for the Building.
(c) Landlord reserves full control over the Building and the Property to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes Landlord’s right to subdivide the Property; convert the Building to condominium units; change the size of the Property by selling all or a portion of the Property or adding real property and any improvements thereon to the Property; grant easements and licenses to third parties; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Property; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises (provided same are relocated above or along the ceiling, below the floor, in the perimeter walls, or within the column space), the Building or elsewhere at the Property; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord.
(d) Landlord shall use reasonable efforts to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show at the Premises to prospective at a time and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the a manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, of the Premises. The nature Notwithstanding the provisions of Tenant’s business is this Section to the contrary, if such that there will be certain areas of repairs, alterations, improvements or additions in the Building or Premises shall render the Premises where confidential untenantable for more than three (3) consecutive days, and Tenant is not otherwise in default of any term or provision of this Lease past the expiration of any applicable notice and/or cure period, then Base Rental and all items will be kept or experiments may be underway. In light of the foregoing, Additional Rent shall xxxxx after said three (3) day period and such abatement shall continue until such time as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due are again tenantable; provided, however, if such repairs, alterations, improvements or additions are work which Tenant has covenanted herein to the need do and has failed so to preserve the experiments being conducteddo, then Base Rental and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless all items of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry Additional Rent shall in the Premises in strict confidenceno manner xxxxx.
Appears in 1 contract
Samples: Lease Agreement (Longeveron LLC)
LANDLORD'S RIGHT OF ENTRY. Provided Tenant shall permit Landlord shall strictly comply to enter the Premises, with notice and at all times escorted by Tenant or any of Tenant’s authorized agents, provided that the timing of such entry will not unreasonably disturb or interfere with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior use of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)and operation of its business, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, for any one or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except in a case more of emergency in which event Landlord may enter at any time without notice to Tenant) for the following purposes onlypurposes: (a) to examine or inspect the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this LeasePremises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective Persons considering purchasing or (during the last nine (9) months of the term) leasing the Premises; (c) to maintain, repair, or replace any component of the Premises that Tenant has failed to maintain, repair or replace in accordance with the provisions of this Lease, or to make Capital Repairs; (d) to take such steps as Landlord may reasonably determine necessary for the safety, improvement and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signspreservation of the Premises; (e) at any time after an Event as may be necessary to comply with the laws, orders or requirements of Default, to show the Premises to prospective tenants governmental or other authority; and to post appropriate for lease signs; (f) if to post notices of non-responsibility in a visible location provided by Tenant does not exercise its Renewal Option(stherefor. In regard to entry for those purposes set forth in subsections (a) in the manner provided in Section 2.2 and (d) above, then Landlord may only exercise such access rights once in any three (3) month period unless otherwise allowed by Tenant. Landlord shall have consult with and give reasonable notice to Tenant prior to any entry upon the right Premises pursuant to this Section 7.6. Landlord shall indemnify Tenant for all losses and damages to the Premises and to fixtures and personal property of Tenant (but not for loss of business or good will) arising from Landlord’s (or its agent’s) negligence or willful misconduct during the last year such an entry. Under no circumstances will any entry made for any of the Term then in effectreasons described above or any consequences thereof (including without limitation, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handlingany work done, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever services temporarily reduced or shut off): (i) they reveal any contamination, chemical constitute an eviction of Tenant or environmental irregularities in violation default of Applicable Laws or the Operations Plan), Landlord’s obligation to provide quiet enjoyment; (ii) they follow an Event in any way affect the legal validity of Default by Tenant under this Lease, ; or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) entitle Tenant to shore the foundations, footings, and walls any diminution or abatement of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry any Rent. Notwithstanding anything to the Premises or to unreasonably interfere with Tenant’s use or business being conducted contrary in the Premisesthis Lease, and to do any other act or thing necessary for the safety or preservation of Landlord may enter the Premises or Project if in cases of emergency without prior notice to Tenant and without any excavation or other construction is undertaken or is about obligation to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere avoid interfering with Tenant’s use of, and access to, the Premises. The nature operation of Tenant’s business business. If Tenant is not personally present to open and permit an entry into the Premises at any time when such that there entry by Landlord is necessary due to emergency circumstances, Landlord understands the Premises will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencealarmed.
Appears in 1 contract
Samples: Lease Agreement (Columbia Care Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)at all reasonable times, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease same and to servemake such repairs or alterations, postdecorations, additions or improvements as Landlord may reasonably deem necessary, including without limitation the use and maintenance of pipes and conduits in and through the Premises, and Landlord and Landlord's agents shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and subject to the provisions of Article 10, the Base Annual Rent reserved shall in no way abatx xxxle said repairs, alterations, decorations, additions or improvements are being made by reason of inconvenience, annoyance or injury to the business of Tenant because of the prosecution of any such work, or keep posted otherwise. Landlord and Landlord's agents are expressly granted permission to inspect the premises at any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 reasonable time and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises at any reasonable time to prospective and actual tenants, mortgagees, purchasers, investorslessees of the Building or Project and other persons with a business interest therein. If, brokersduring the last month of the Term, agentsTenant shall have removed all or substantially all of Tenant's property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Premises, without elimination or abatement of Rent or other compensation, and Lenders such acts shall have no effect upon this Lease. If Tenant shall not be personally present to open and to post appropriate for sale signs; (e) permit an entry into the Premises, at any time after an Event time, when for any reason entry therein shall be reasonably necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall accord reasonable care to Tenant's property), and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreements of Defaultthis Lease. Nothing herein contained, however, shall be deemed or construed to show impose upon Landlord any obligation, responsibility or liability whatsoever, for the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in care, supervision or repair of the manner Project or the Building or any part thereof, other than as otherwise provided in Section 2.2 abovethis Lease. Notwithstanding any provision in this Article 13 to the contrary, then Landlord agrees to provide Tenant with at least 24 hours prior notice (except when Landlord reasonably determines that an emergency situation exists) and Tenant shall have the right during the last year of the Term then in effectto accompany Landlord or Landlord's employees, to show the Premises to prospective tenants agents, contractors and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) representatives when Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, enters the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to shall use reasonable efforts and due diligence to maintain accommodate Tenant's desire to have all information obtained by an entry in into the Premises in strict confidenceduring normal business hours.
Appears in 1 contract
Samples: Lease (California Microwave Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractorsemployees, servants and employees contractors may only enter the interior Premises at any time in response to an emergency and at all other times at reasonable hours and upon prior notice to:
(a) inspect the Premises;
(b) exhibit the Premises to prospective purchasers; or lenders-er, and during the last six (6) months of the Term, prospective tenants of the Building;
(c) determine whether Tenant is complying with all of its obligations in this Lease;
(d) supply services to be provided by Landlord to Tenant according to this Lease;
(e) post written notices of nonresponsibility or similar notices; and
(f) at any other time with Tenant’s prior approval, such approval not to be unreasonably withheld. Tenant, by this Article 14, waives any claim against Landlord, its agents, employees, or contractors for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by any entry in accordance with this Article 14. Landlord will at all times have and retain a key with which to unlock all of the doors in, on or about the Premises. Landlord will have the right to use any and all means it may deem proper to open doors in and to the Premises in an emergency in order to obtain entry to the Premises, and Tenant shall indemnify and hold Landlord harmless from and against any losses, damages and expenses resulting therefrom, including, without limitation, any necessary repair expense& Any entry to the Premises by Landlord in accordance with this Article 14 will not be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises with a or an eviction, actual or constructive, of Tenant escort (if from the Premises or any portion of the Premises, nor will any such entry entitle Tenant makes the escort reasonably available)to damages or an abatement of Base Rent, after giving Tenant twenty-four (24) hours’ prior notice (oral, emailAdditional Rent, or written) other charges that this Lease requires Tenant to pay. Landlord shall have the right of ingress and after Landlord’s good faith egress over driveways and parking areas to that part of the Building and the other buildings on the land which are not leased by the Tenant Landlord shall use commercially reasonable efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted during any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agentssuch entry, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right to have a representative present during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premisessame. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.EXECUTION COPY
Appears in 1 contract
Samples: Lease Agreement (ACV Auctions Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only contractors shall have the following rights in and about the Leased Premises: (i) to enter the interior of the Leased Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) all reasonable times to examine the Leased Premises to confirm Tenant’s compliance with or for any of the terms purposes set forth in this Section or for the purpose of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform performing any obligation or exercise any right or remedy of Landlord under this Lease or exercising any right or remedy reserved to Landlord in this Lease, and if, in the case of an emergency, Tenant or its officers, partners, agents or employees shall not be personally present or shall not open and permit an entry into the Leased Premises at any time when such entry shall be necessary, forcibly to enter the Leased Premises; (includingii) to exhibit the Leased Premises to others at reasonable times and for reasonable purposes after notifying Tenant and obtaining Tenant’s consent, without limitationwhich shall not be unreasonably withheld. Tenant may accompany Landlord and restrict sensitive areas of the Leased Premises; (iii) to make such repairs, alterations, improvements or additions, or to perform such maintenance, including the maintenance of all plumbing, electrical and other mechanical facilities installed by Landlord’s obligations under Article 7 , as Landlord may deem necessary or desirable consistent with the terms and Article 8 conditions of this Lease); and (civ) to perform work necessary to comply with lawsmake such repairs, statutes, ordinances, rules alterations or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Leaseimprovements, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months)to perform maintenance, of all HVAC, elevator, plumbing, electrical and (h) other mechanical facilities installed by Landlord, as may be required from time to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about time by this Lease to be undertaken on any adjacent property made or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premisesperformed by Landlord. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use give reasonable efforts and due diligence to maintain all information obtained by an entry advance notice before it exercises its rights under this subsection, except that Landlord may enter the Leased Premises without notice in the Premises in strict confidencecase of an emergency creating an imminent risk of injury to person or damage to property.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agentsany ground lessor, contractorsmortgagee or any agent thereof, servants and employees may only shall have the right to enter the interior Leased Premises at reasonable times: to perform Landlord's covenants as set forth in this Lease, for purposes of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) inspection and after Landlord’s good faith efforts to coordinate such entry with insure 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s 's compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 provisions of this Lease); (c) , to perform make any repairs, replacements or alterations to the Building or do any work necessary to comply with lawswhich Landlord may deem necessary, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Leased Premises to prospective and actual purchasers, investors, brokers, agentspurchasers of the Building, and Lenders and to post appropriate for sale signs; also, during the last six (e6) at any time after an Event months of Defaultthe Lease Term, to show the Leased Premises to prospective tenants. In the event Tenant vacates the Leased Premises prior to the expiration of the Lease Term, Landlord shall have the right to enter the Leased Premises at any time thereafter to show the Leased Premises to prospective tenants and to post appropriate retrofit all or a portion thereof for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord new tenants. No such entry and construction work shall have the right during the last year be deemed to be an acceptance of surrender by landlord of all or a portion of the Term then in effectLeased Premises until a replacement tenant actually occupies the same for its business purposes. Acceptance of surrender shall be deemed to occur upon the occupancy by a replacement tenant, but only as to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit such portion of the Leased Premises (the costs which such replacement tenant occupies. Notwithstanding any such acceptance of which will be borne by surrender, Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary shall remain liable for the safety or preservation of difference between the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere rent reserved hereunder and the rent Landlord receives under a lease with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencereplacement tenant.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided a) Tenant shall permit Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies Prime Landlord and rules the authorized representatives of each and regulations, Landlord, its agents, contractors, servants and employees may only of any mortgagee or any prospective mortgagee or any prospective tenant or purchaser of the Building to enter the interior of the Premises at all reasonable times, with a Tenant escort one (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (241) hours’ Business Days' prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) , for the following purposes only: purpose of (ai) to examine inspecting the Premises or (ii) making any necessary repairs to confirm the Premises or to the Building and performing any work therein. During the progress of any work on the Premises or the Building, Landlord will attempt not to inconvenience Tenant’s compliance with , but neither Landlord nor Prime Landlord shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making any repair or by bringing or storing materials, supplies, tools and equipment in the terms Premises during the performance of this Lease any work, and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy the obligations of Landlord Tenant under this Lease (includingshall not be thereby affected in any manner whatsoever.
b) Landlord, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules Sub-Landlord or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Prime Landlord shall have the right during at all reasonable times, with prior notice to Tenant, to enter and to exit the last year Premises for the purpose of inspection or showing the Term then Premises in effectconnection with a sale or mortgage and to enter upon and to exhibit the Premises to any prospective tenant.
c) If the Premises are vacated or abandoned by Tenant, Landlord and/or Prime Landlord shall be permitted to show the Premises at any time and to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect prepare the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit re-occupancy.
d) Tenant shall give Landlord thirty (30) days' prior written notice before vacating the Premises at the end of the Premises (Term or earlier expiration of this Lease to permit Landlord to meet its obligations under the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical Sublease or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant to permit Sub-Landlord to meet its obligations under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls Section 4.8 of the Project, Prime Lease with respect to notice to Prime Landlord and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation arrangement of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencejoint inspection.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Agents shall strictly comply with have the right to enter the Premises at all reasonable times upon reasonable notice to Tenant’s reasonable , except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of non-discriminatory corporate policies responsibility and rules similar notices and regulations, Landlord, its agents, contractors, servants and employees may only enter signs indicating the interior availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale and/or lease, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective tenants, consultants, lenders and purchasers, to servemake necessary Alterations or maintenance and repairs, post, or keep posted any notices required or allowed under this Lease; (b) to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any obligation or exercise any right or remedy reasonable time after one hundred eighty (180) days prior to the expiration of Landlord under this Lease (includingthe Term, without limitation, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of the Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Defaultin exercising its rights set forth herein, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall endeavor to cause the least possible interference with Tenant's business. Landlord shall at all times have the right during the last year to retain a key which unlocks all of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted doors in the Premises, and any security codes and/or passwords for any security system installed by Tenant, but excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right to do use any other act or thing necessary for and all means which Landlord may deem proper to open the safety or preservation of doors in an emergency to obtain entry to the Premises, and any entry to the Premises so obtained by Landlord or Project if Landlord's Agents shall not under any excavation or other construction is undertaken or is about circumstances be deemed to be undertaken on any adjacent property a forcible or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use unlawful entry into, or a detainer of, and access to, the Premises. The nature , or an eviction of Tenant’s business is such that there will be certain areas of Tenant from the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencePremises.
Appears in 1 contract
Samples: Office Lease (Noosh Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right right, without abatement of rent, after reasonable prior written notice, but only with a representative of Tenant unless Tenant agrees otherwise, in each instance, to enter the Premises at any hour to examine the same, or to make such repairs and alterations as Landlord shall deem necessary (including, but not limited to, the installation of pipes, ducts, conduits, wires, appurtenant fixtures, and mechanical systems to serve other tenants or the Common Area of the Building) and also to exhibit the Premises to be let. If, during the last year month of the Term then in effectTerm, to show the Premises to prospective tenants Tenant shall have removed all or substantially all of its property therefrom Landlord may immediately enter and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handlingalter, confirm chemical inventory listrenovate, and otherwise inspect redecorate the Premises Premises, without elimination or abatement of rent, or incurring liability to Tenant for Hazardous Materials contamination any compensation, and such acts shall have no effect on this Lease. Nothing herein contained, however, shall be deemed or potential contaminationconstrued to impose on Landlord any obligation, including an environmental audit responsibility, or liability whatsoever, for the care, supervision, or repair of all or any part of the Premises (Building, other than as herein elsewhere expressly provided. Landlord shall also have the costs of which will be borne by right at any time, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premisestherefor, but only with Tenants’ prior written consent which may not so as to prevent entry to the Premises be unreasonably withheld or to unreasonably interfere with delayed provided same does not adversely affect Tenant’s use and enjoyment of the Real Property, to change the arrangement and/or location of entrances or business being conducted passageways, doors and doorways, and corridors, stairs, toilets, elevators, or other public parts of the Building and any other rental spaces in the Premises, and to do any Building other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, than the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided (a) Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to ------------------------- all doors of the Demised Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only independent contractors shall have the right to enter the interior Demised Premises at reasonable hours to inspect and examine same, to make repairs, additions, alterations, and improvements, so long as such entry does not substantially interrupt Tenant's business, to exhibit the Demised Premises to mortgagees, prospective mortgagees, purchasers or tenants, and to inspect the Demised Premises to ascertain that Tenant is complying with all of its covenants and obligations hereunder, all without being liable to Tenant in 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 with a Tenant escort as shall be reasonably practicable under the circumstances, and in all events (if Tenant makes the escort reasonably available), after giving Tenant except in an emergency) on no less than twenty-four (24) hours’ hours prior notice (oral, email, or written) notice. Landlord shall only enter into contracts with companies providing janitorial and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) security services for the following purposes only: (a) Building which require such parties to examine carry liability insurance and be bonded. Landlord shall comply with any reasonable requests from Tenant related to safeguarding Tenant's trade secrets in the Premises to confirm Tenant’s compliance Demised Premises; provided, however, that Landlord's only liability with the terms of this Lease and to serve, post, or keep posted any notices required or allowed respect thereto shall arise under this Lease; Article 37 hereunder.
(b) Landlord shall be allowed to perform take into and through the Demised Premises any obligation and all materials that may be required to make such repairs, additions, alterations or exercise improvements. During such time as such work is being carried on in or about the Demised Premises, the Rent provided herein shall not xxxxx, and Tenant waives any right claim or remedy cause of action against Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 for damages by reason of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules interruption of Tenant's business or regulations loss of profits therefrom because of the prosecution of any governmental authority such work or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premisespart thereof. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use its reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceminimize such disruptions of Tenant's business.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only independent contractors shall have the right to enter the interior of Premises at reasonable hours to inspect and examine same, to make repairs, additions, alterations, and improvements to exhibit the Premises to mortgagees, prospective mortgagees, purchasers, tenants or invitees to post notices of non-responsibility and to inspect the Premises to ascertain that Tenant is complying with a all of its covenants and obligations hereunder, all without being liable to Tenant escort (if Tenant makes the escort reasonably available)in any manner whatsoever for any damages arising therefrom; provided, after giving Tenant twenty-four (24) hours’ prior notice (oralhowever, emailthat Landlord shall, or written) and after Landlord’s good faith efforts to 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 emergency, afford Tenant 48 hours prior notification of an entry into the Premises provided that such notice is reasonably practicable under the circumstances. Landlord shall be allowed to take into and through the Premises any and all materials that may be required to make any such repairs, additions, alterations or improvements. Notwithstanding anything to the contrary contained in which event this Section 14, Landlord may enter the ---------- Premises at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms perform repairs, additions or services required of this Lease and to serve, post, Landlord or keep posted any notices required or allowed under this Leasedeemed necessary by Landlord; (b) take possession due to perform any obligation or exercise any right or remedy breach of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 aboveherein; and (c) perform any covenants of Tenant which Tenant fails to perform. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as required to accomplish the stated purposes. Tenant hereby waives any claims for damages or for any injuries or inconvenience to or interference with Tenant's business, then lost profits, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby; provided, however, that Landlord shall be liable for all 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 due to the gross negligence or willful misconduct of Landlord or its agents, employees, invitees or assigns. In an emergency, Landlord shall have the right during to use any means that Landlord may deem proper to open the last year of doors in and to the Term then in effect, to show Premises. Any entry into the Premises in the manner herein before described shall not be deemed to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination be a forcible or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Leaseunlawful entry into, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months)detainer of, and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do or an actual or constructive eviction of Tenant from any other act or thing necessary for the safety or preservation portion of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Razorfish Inc)
LANDLORD'S RIGHT OF ENTRY. Provided 11.1 The Landlord and its authorized representatives shall strictly comply with be entitled to enter the Premises at any reasonable time during the Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant usual business hours upon not less than twenty-four (24) hours’ prior notice (oralnotice, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine inspect the Premises to confirm Tenant’s compliance with the terms of this Lease and to servePremises, post, or keep posted any notices required or allowed under this Lease; (b) to perform exhibit the Premises (i) to any obligation existing or exercise prospective purchaser or Mortgagee thereof or (ii) to any right or remedy of prospective tenant thereof during the last Lease Year, if Tenant has not exercised its option to extend, provided that in doing so the Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); each such invitee observes all reasonable confidentiality and safety procedures which the Tenant may reasonably 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. Nothing in this Article 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 work necessary such work. The Landlord shall not in any event be liable to comply with lawsthe Tenant for any inconvenience, statutesannoyance, ordinancesdisturbance, rules loss of business or regulations other damage sustained by the Tenant by reason of any governmental authority the making of such repairs, the taking of such action or the bringing of any insurance underwriter; (d) to show materials, supplies and equipment upon the Premises to prospective during the course thereof and actual purchasersthe Tenant’s obligations under this Lease shall not be affected thereby, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then however that Landlord shall have the right use commercially reasonable efforts during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or so as not to unreasonably interfere with TenantXxxxxx’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation ordinary course of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of business.
11.2 Notwithstanding the foregoing, as if any such repairs, taking of such action or bringing of materials, supplies and equipment upon the Premises described above continues for three (3) or more consecutive business days and Tenant is unable to reasonably conduct and does not conduct any business in a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas material portion of the Premises as temporarily off limits due a result thereof, then Tenant shall be entitled to an abatement of Base Rent, which abatement shall commence as of the need to preserve first day after the experiments being conductedexpiration of such three (3) business day period and terminate upon the cessation of such repairs, taking of such action or bringing of materials, supplies and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in equipment upon the Premises in strict confidenceand which abatement shall be based on the portion of the Premises rendered unusable for Tenant’s business by such deficiency, breakdown, or curtailment.
Appears in 1 contract
Samples: Lease
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times upon reasonable Notice to Tenant (except for emergencies or to provide janitorial services, in which case no Notice shall be required) to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective lenders and purchasers, to serve, post, or keep posted any notices required or allowed perform Landlord's obligations under this Lease; (b) , to perform any obligation or Tenant's obligations as permitted herein when Tenant has failed to do so to exercise any right or remedy of Landlord Landlord's rights under this Lease (includingand, without limitationat any reasonable time, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of the Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations and requirements of Tenant, and Lenders and in exercising its rights set forth herein, Landlord shall use commercially reasonable efforts to post appropriate for sale signs; (e) minimize interference with Tenant's business. Landlord shall at any time after an Event all times have the right to retain a key which unlocks all of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) doors in the manner provided in Section 2.2 abovePremises, then excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises so obtained by Landlord or Landlord's Agents shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Office Lease (8x8 Inc /De/)
LANDLORD'S RIGHT OF ENTRY. Provided (a) Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Demised Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only independent contractors shall have the right to enter the interior of the Demised Premises with a Tenant escort at reasonable hours, upon reasonable advance oral or written notice (if Tenant makes the escort reasonably available), after giving Tenant which shall be no less than twenty-four (24) hours’ prior notice (oral, emailexcept in an emergency as described below), or written) and after Landlord’s good faith efforts at all times in a competent and professional manner, to coordinate inspect and examine same, to make repairs, additions, alterations, and improvements, so long as such entry does not substantially interrupt Tenant's business, to exhibit the Demised Premises to mortgagees, prospective mortgagees, purchasers or in the last ten (10) months of the Term or if an event of default on the part of Tenant has occurred and is continuing, tenants, and to inspect the Demised Premises to ascertain that Tenant is complying with Tenant’s on-site management so all of its covenants and obligations hereunder, all without being liable to Tenant in 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 to minimize interference with Tenant’s business operations shall be reasonably practicable under the circumstances, and in all events (except in a case of emergency in which event an emergency) on no less than twenty-four (24) hours prior notice. Landlord may shall only enter at any time without notice to Tenant) into contracts with companies providing janitorial and security services for the following purposes only: (a) Building which require such parties to examine carry liability insurance and be bonded. Landlord shall comply with any reasonable requests from Tenant related to safeguarding Tenant's trade secrets in the Premises to confirm Tenant’s compliance Demised Premises; provided, however, that Landlord's only liability with the terms of this Lease and to serve, post, or keep posted any notices required or allowed respect thereto shall arise under this Lease; Article 37 hereunder.
(b) Landlord shall be allowed to perform take into and through the Demised Premises any obligation and all materials that may be required to make such repairs, additions, alterations or exercise improvements. During such time as such work is being carried on in or about the Demised Premises, the Rent provided herein shall not abaxx, xnd Tenant waives any right claim or remedy cause of action against Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 for damages by reason of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules interruption of Tenant's business or regulations loss of profits therefrom because of the prosecution of any governmental authority such work or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premisespart thereof. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use its reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceminimize such disruptions of Tenant's business, including scheduling non-emergency work of a disruptive nature after Building Operating Hours.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided 27.1. Tenant agrees to permit Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its 's agents, contractors, servants employees and employees may only representatives to enter the interior of the Leased Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s at all reasonable times during normal business operations (except in a case of emergency in which event Landlord may enter at any time without notice to Tenant) hours for the following purposes only: of:
(a) inspecting the Leased Premises;
(b) making any repairs to examine the Leased Premises that Landlord is obligated or permitted to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed make under this Lease; (b) , and to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work therein that may be necessary to comply with any laws, statutes, ordinances, rules rules, regulations or regulations requirements of any governmental public authority or of the Board of Fire Underwriters or any insurance underwriter; similar body, or that the Landlord may reasonably deem necessary to prevent waste or deterioration in connection with the Leased Premises;
(c) showing the Leased Premises to prospective buyers of the property;
(d) to show showing the Leased Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; Tenants;
(e) at any time after an Event of Default, to show placing notices on or within the Leased Premises to prospective tenants and to post appropriate for lease signs; (f) if maintain the same, without hindrance or molestation.
27.2. Landlord shall give Tenant does not exercise its Renewal Option(s) reasonable prior notice before commencing any non-emergency repair or alteration to the Leased Premises.
27.3. Nothing herein shall imply any duty upon the part of Landlord to do any such work.
27.4. Landlord may, during the progress of any work in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Leased Premises, but keep and store all necessary materials, tools and equipment in such manner upon the Leased Premises as not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s 's business operations. Landlord shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or any damages that Tenant may suffer or sustain by reason of making any repairs or the performance of any work in the Leased Premises in accordance with the provisions of Paragraph 27 hereof, or on account of bringing or storing any materials, supplies, and equipment into or upon the Leased Premises during usual business hours.
27.5. Landlord or Landlord's authorized agents may enter upon the Leased Premises at any time in case of emergency without prior notice to Tenant.
27.6. Landlord, in exercising any of its rights under this Section, shall not be deemed guilty of an eviction, partial eviction or disturbance of Tenant's use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation possession of the Leased Premises or Project if any excavation or other construction is undertaken or is about and shall not be liable to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencefor same.
Appears in 1 contract
Samples: Lease Agreement (Fastnet Corp)
LANDLORD'S RIGHT OF ENTRY. Provided a) Tenant shall permit Landlord and the authorized representatives of Landlord and of any Mortgagee to enter the Premises at all reasonable times, with reasonable prior notice of no less than two (2) business days to Tenant (except in the case of an emergency in which case notice shall strictly comply with be given as soon as practicable), for the purpose of (i) reasonable inspection of the Premises or (ii) making any necessary repairs to the Premises or to the Building. During the progress of any necessary repairs to the Premises or the Building, Landlord will attempt not to inconvenience Tenant’s reasonable and , but shall not be liable for non-discriminatory corporate policies material inconvenience, annoyance, disturbance, loss of business or other damage to Tenant by reason of making any necessary repairs to the Premises or to the Building, and rules and regulations, Landlord, the obligations of Tenant under this Lease shall not be thereby affected in any manner whatsoever. In the event Landlord is required to make repairs to the Premises or to the Building not materially caused by Tenant or its agents, contractors, servants employees or contractors and employees may only enter the interior such repairs make all or a significant portion of the Premises with a Tenant escort (if Tenant makes inaccessible or unusable for the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to coordinate such entry with normal conduct of 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agentsbusiness, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise in fact occupy the Premises or a significant portion thereof due to such repairs and provides Landlord with written notice thereof on or prior to the date Tenant so stops occupying or reduces its Renewal Option(soccupancy of the Premises, Rent due hereunder shall be equitably abated so long as such repairs continue to make the Premises inaccessible or unusable for the normal conduct of Tenant’s business.
b) in the manner provided in Section 2.2 above, then Landlord shall have the right at all reasonable times, with reasonable prior notice of no less than two (2) business days to Tenant, to enter and to exhibit the Premises for the purpose of inspection or showing the Premises in connection with a sale or mortgage and, during the last year twelve (12) months of the Term then in effectTerm, to show enter upon and to exhibit the Premises to any prospective tenants and post appropriate for lease signs; (gtenant.
c) If the Premises are vacated or abandoned by Tenant, Landlord shall not be permitted to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect prepare the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by re-occupancy unless and until Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities is in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant default under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do Lease beyond any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceapplicable cure periods.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Notwithstanding anything to the contrary contained in this Section 14, Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior retain duplicate keys to all doors of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, and Landlord or written) and after Landlord’s good faith efforts to 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 any Landlord Party may enter the Premises at any time without notice to Tenant) for the following purposes onlyto: (a) to examine and inspect the Premises (including to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed its obligations under this Lease; ), (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual investors, purchasers, investors, brokers, agentsmortgagees, and Lenders and during the last nine (9) months of the Lease Term, to post appropriate prospective tenants, (c) make such repairs, alterations, replacements or additions to the Premises (i) which Landlord may elect to perform following Tenant’s failure to perform or in the event of an emergency, or (ii) for sale signs; which Landlord is responsible (including Capital Work), (d) comply with any Laws, (e) at any time after an Event post notices of Default, to show the Premises to prospective tenants nonresponsibility and to post appropriate for lease signs; (f) if exercise Landlord’s remedies upon the occurrence and during the continuation of a Default all without being liable to Tenant does in 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 Premises as shall be reasonably practicable under the circumstances, but not exercise its Renewal Option(sless than one (1) Business Day, unless otherwise agreed to by Tenant. Access by Landlord shall be in accordance with the security, safety and confidentiality requirements that Tenant may reasonably adopt from time to time. Tenant shall at all times, except in the manner provided case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in Section 2.2 abovethe Premises. Landlord shall be allowed to take into and through the Premises any and all materials that may be required to make any such repairs, then additions, alterations or improvements. Any such entries shall be without the abatement of Rent and shall include the right to take such reasonable steps as are required to accomplish the stated purposes. 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. In an emergency, Landlord shall have the right during to use any means that Landlord may deem proper to open the last year of doors in and to the Term then in effect, to show Premises. Any entry into the Premises in the circumstances and manner described in this Section 14 shall not be deemed to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination be a forcible or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Leaseunlawful entry into, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months)detainer of, and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do or an actual or constructive eviction of Tenant from any other act or thing necessary for the safety or preservation portion of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Atlassian Corp PLC)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)at all times, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease same and to servemake such repairs or alterations, postdecorations, additions or improvements as Landlord may reasonably deem necessary or desirable, including without limitation the use and maintenance of pipes and conduits in and through the Premises, and Landlord and Landlord's agents shall be allowed to take all material into and upon the Premises that may be required therefor without the same constituting an eviction of Tenant in whole or in part, and subject to the provisions of Article 10, the Base Annual Rent reserved shall in no way abatx xxxle said repairs, alterations, decorations, additions or improvements are being made, by reason of inconvenience, annoyance or injury to the business of Tenant because of the prosecution of any such work, or keep posted otherwise. Landlord and Landlord's agents are expressly granted permission to inspect the Premises at any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 reasonable time and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises at any reasonable time to prospective and actual tenants, mortgagees, purchasers, investorslessees of the Building or Project and other persons with a business interest therein. If Tenant shall not be personally present to open and permit Landlord's entry into the Premises, brokersat any time, agentswhen for any reason entry therein shall be necessary or permissible hereunder, Landlord or Landlord's agents may enter the same by a master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefor (if during such entry Landlord or Landlord's agents shall observe all applicable laws and requirements under this Lease and accord reasonable care to Tenant's property), and Lenders and without in any manner affecting the obligations, terms, covenants, conditions, provisions or agreements of this Lease. Nothing herein contained, however, shall be deemed or construed to post appropriate impose upon Landlord any obligation, responsibility or liability whatsoever, for sale signs; (e) at the care, supervision or repair of the Project or the Building or any time after an Event of Defaultpart thereof, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner other than as otherwise provided in Section 2.2 abovethis Lease. Notwithstanding any provision in this Article 13 to the contrary, then Landlord agrees to provide Tenant with at least 24 hours prior notice (except when Landlord reasonably determines that an emergency situation exists) and Tenant shall have the right during the last year of the Term then in effectto accompany Landlord or Landlord's employees, to show the Premises to prospective tenants agents, contractors and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) representatives when Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, enters the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to shall use reasonable efforts and due diligence to maintain accommodate Tenant's desire to have all information obtained by an entry in into the Premises in strict confidenceduring normal business hours.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord reserves and shall strictly comply with Tenant’s reasonable at any and all times have the right to enter the Premises, inspect the same, supply janitorial service and any other service to be provided by Landlord to Tenant hereunder, to submit said Premises to prospective purchasers or tenants, to post notices of non-discriminatory corporate policies responsibility, and rules to alter, improve or repair the Premises and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior any portion of the Building of which the Premises are a part that Landlord may deem necessary or desirable, without abatement of Gross Rent and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, providing that the entrance to the Premises shall not be blocked thereby, and further providing that the business of the Tenant shall not be interfered with a unreasonably. Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, hereby waives any claim for damages or written) and after Landlord’s good faith efforts for any injury or inconvenience to coordinate such entry with Tenant’s on-site management so as to minimize or interference with Tenant’s business operations (except in a case 's business, any loss of emergency in which event Landlord may enter at any time without notice to Tenant) for occupancy or quiet enjoyment of the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agentsPremises, and Lenders any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to post appropriate for sale signs; (e) at any time after an Event unlock all of Defaultthe doors in, to show upon and about the Premises to prospective tenants Premises, excluding Tenant's vaults, safes and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 abovefiles, then and Landlord shall have the right during the last year of the Term then to use any and all means which Landlord may deem proper to open said doors in effectan emergency, in order to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise shall not under any circumstances be construed or deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do or any other act or thing necessary for the safety or preservation eviction of Tenant from the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceportion thereof.
Appears in 1 contract
Samples: Office Lease (Visual Data Corp)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s have the right, at all reasonable and non-discriminatory corporate policies and rules and regulationshours, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a provided Landlord gives Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ reasonable prior notice (oral, email, or written) and after Landlord’s good faith efforts gives Tenant the opportunity to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations have a representative of Tenant present (except in a case the event of an emergency), to enter the Premises for the following: emergency in which event inspection; making repairs as Landlord may enter at any time without notice deem necessary or desirable; determining Tenant's use of the Premises; or determining if an act of default under this Lease has occurred or upon the occurrence of a default; or to Tenant) for the following purposes only: (a) to examine exhibit the Premises to confirm Tenant’s compliance with the terms of this Lease mortgagees, prospective mortgagees and prospective purchasers; or to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show exhibit the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year nine (9) months of the Lease Term then or at any other time that Tenant is in effectdefault hereunder beyond applicable notice and cure periods. During such time as work is being performed in or about the Premises, payments provided herein shall not abatx xxx Tenant waives any claim or cause of action against Landlord by reason of interruption of Tenant's business or loss of profits resulting therefrom, provided that Landlord shall use reasonable efforts not to show materially interfere with Tenant's daily operation of its business in the Premises. Notwithstanding the foregoing, subject to the provisions below, Tenant shall be permitted to install locks or other access control devices for high security areas in the Premises (such areas designated by Tenant in writing to prospective tenants and post appropriate for lease signs; (g) Landlord are herein referred to review Tenant’s Hazardous Materials handling, confirm chemical inventory listas the "Secured Areas"), and otherwise inspect Tenant shall not be required to furnish Landlord with a duplicate set of keys or access control devices to the Premises for Hazardous Materials contamination Secured Areas (unless Landlord is required by law to have keys or potential contaminationother means of access to such Secure Areas), including and Landlord shall not be permitted to enter the Secured Areas (i) unless with the prior written consent of Tenant, which consent Tenant shall not unreasonably withhold or delay, or (ii) except in the case of an environmental audit emergency. The Secured Areas shall not constitute more than ten percent (10%) of the total rentable area of the Premises (and shall not eliminate access to the costs portion of the Premises which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or is not a Secured Area. To the Operations Plan), (ii) they follow an Event of Default by Tenant under extent Landlord is otherwise obligated to do so pursuant to this Lease, or (iii) Landlord has shall not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), be required to perform any service to any Secured Area to which Landlord does not have access and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing for which access is necessary for the safety or preservation provision of such service. The Secured Areas shall not prevent access to the roof of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceBuilding.
Appears in 1 contract
Samples: Lease Agreement (Serologicals Corp)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and its agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior of Premises during all reasonable hours to examine, maintain, repair or alter the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts Premises; to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show exhibit the Premises to prospective tenants, mortgagees, or purchasers; and actual purchasersto remove placards, investorssigns, brokersfixtures, agentsalterations, or additions which are not permitted by this Lease. Landlord's entry onto the Premises pursuant to this Paragraph 13 shall not under any circumstances be deemed a forcible or unlawful entry into, or a detainer of, the Premises, or a constructive eviction of Tenant, Tenant shall not be entitled to any abatement of Rent therefor, and Lenders Landlord shall not be liable to Tenant for any damages or losses suffered by Tenant as a result of Landlord's entry except to the extent the damages or losses are caused by Landlord's willful acts or gross negligence. For each of the aforesaid purposes, Landlord shall, at all times, have and retain a key (and alarm information) with which to post appropriate for sale signs; (e) at unlock all of the doors in, upon and about the Premises. Tenant shall not cause the keys to or combinations of any time after an Event of Default, to show locks on the Premises to prospective tenants and be changed, nor shall Tenant add additional locks to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, without first obtaining the Landlord's written consent to such change or addition. Tenant shall immediately furnish Landlord with all new keys and combinations. In connection with any proposed repair or alteration, Landlord shall be allowed to do any other act or thing necessary for the safety or preservation of take all material into and upon the Premises that may be required for such repair or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, alteration without the Premises. The nature same constituting an eviction of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept , in whole or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencepart.
Appears in 1 contract
Samples: Lease Agreement (TNR Technical Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times during Tenant's business hours upon reasonable notice to Tenant (24 or more hours being deemed reasonable), except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm interested parties such as prospective lenders and purchasers, to make necessary Alternations or maintenance and repairs, to perform Tenant’s compliance with 's obligations as permitted herein when Tenant has failed to do so and, at any reasonable time after one hundred eighty (180) days prior to the terms expiration of this Lease the Term, to place upon the Premises reasonable signs indicating the availability of the Premises for lease and to serveshow the Premises to prospective tenants, post, all without being deemed to have caused an eviction of Tenant and without any liability to Tenant or keep posted any notices required or allowed under this Lease; (b) abatement of Rent. The above rights are subject to perform any obligation or exercise any right or remedy reasonable security regulations of Landlord under this Lease Tenant (including, without limitation, Landlord’s obligations under Article 7 those pertaining to Tenant's trade secrets and Article 8 clean-room operations) 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 this Lease); (c) to perform work necessary to comply with lawsthe doors in the Premises, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective excluding Tenant's vaults and actual purchasers, investors, brokers, agentssafes, and Lenders Landlord and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord Landlord's Agents shall have the right to use any and all means which Landlord may deem proper to open the doors 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. Except during the last year six (6) months of the Term then in effectTerm, Tenant may rightfully refuse access to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination any person known or potential contamination, including an environmental audit of the Premises (the costs of which will be borne suspected by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature a competitor of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Cardima Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord or his agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Property at reasonable times upon reasonable advance notice of no less than forty eight (48) hours in order to examine it or to show it to prospective lenders, consultants, buyers, or, during the last twelve (12) months of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, Term or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for during the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms pendency of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, prospective tenants, to show place “For Rent” or “For Sale” signs on or about the Premises Property, provided, however, Landlord shall use its best efforts to prospective tenants minimize the effect of any such entry or any interference with Xxxxxx’s use of the Property. Landlord must at all times be accompanied by a designated representative of Tenant when showing the Property to any third party and shall be strictly prohibited from taking any photographs of the building interior that capture, reflect or otherwise reveal any of Tenant’s proprietary materials, trade secrets or information that should reasonably understood by Landlord to post appropriate constitute Tenant’s non-public, confidential information, without Xxxxxx’s prior written consent, which consent may be withheld in Xxxxxx’s sole discretion. Xxxxxxxx’s right of reentry shall not be deemed to impose upon Landlord any obligation, responsibility, or liability for lease signsthe care, supervision or repair of the Property other than as herein provided; (f) if Tenant does not exercise its Renewal Option(s) in except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Xxxxxxxx’s entry. Notwithstanding the manner provided in Section 2.2 aboveforegoing, then Landlord shall have the right during to enter the last year Property without first giving notice to Tenant in the event of an emergency where the nature of the Term then in effectemergency will not reasonably permit the giving of notice. Notwithstanding the foregoing, to show Landlord shall not have any sampling performed on the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever Property unless: (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or Landlord has reasonable grounds for conducting the Operations Plan), same; (ii) they follow upon Tenant’s written request, Landlord shall provide a copy of the sampling results to Tenant and/or an Event of Default environmental consultant engaged by Tenant under this Lease, or Xxxxxx; (iii) Landlord has not provides Tenant the right to have its environmental consultant conduct simultaneous sampling of the same nature, (iv) no invasive testing is completed unless the same is recommended by a Phase I environmental site assessment conducted a similar inspection/review at pursuant to this section (or required by applicable law following the initial sampling conducted pursuant to this section), (v) unless sampling is required by an emergency, prior to conducting sampling Landlord’s environmental consultant shall use reasonable efforts to confer with Tenant’s cost within the preceding 24 months)environmental consultant about an appropriate sampling work plan, and (hvi) all individuals who enter the Property to shore conduct the foundationssampling comply with any written safety procedures for the Property provided to them by Tenant, footingsfollow all applicable provisions in this Paragraph 18, and walls maintain the confidentiality of the Project, and any information provided to erect scaffolding and protective barricades around and about the Project and Premises, but not so as them that is marked “confidential” (subject to prevent entry any exceptions in this Lease applicable to the Premises or to unreasonably interfere with Tenant’s use or business being conducted Landlord in the Premises, and to do any other act or thing necessary for the safety or preservation respect of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidenceconfidentiality).
Appears in 1 contract
Samples: Lease Agreement (Faraday Future Intelligent Electric Inc.)
LANDLORD'S RIGHT OF ENTRY. Provided (a) Landlord shall strictly comply with Tenant’s reasonable retain duplicate keys to all doors of the Premises and non-discriminatory corporate policies Landlord and rules and regulations, Landlord, its agents, contractors, servants employees and employees may only independent contractors shall have the right to enter the interior Premises at reasonable hours to inspect and examine same, to make repairs, additions, alterations, and improvements, and to inspect the Premises to ascertain that Tenant is complying with all of its covenants and obligations hereunder; provided, however, that Landlord shall afford Tenant such prior notification of an entry into the Premises as shall be reasonably practicable under the circumstances, and, except in case of emergency, Landlord shall enter only during Tenant's normal business hours (unless Tenant otherwise consents to entry during other hours, which consent Tenant agrees not to unreasonably withhold or delay). Landlord shall be allowed to take into and through the Premises 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 Premises, 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 Premises with a Tenant escort prosecution of any such work or any part thereof.
(if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24b) hours’ prior notice (oral, email, or written) During business hours and after Landlord’s good faith efforts to 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 may enter at any time without upon reasonable notice to Tenant) for , Landlord may, during the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serveTerm, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective purchasers and actual purchasersmortgagees, investorsand, brokersduring the six (6) months prior to expiration of this Lease, agentsto prospective tenants.
(c) In exercising its rights under this Xxxxxxxxx 00, Xxxxxxxx shall use reasonable and diligent efforts to minimize the disruption of the normal operation of Tenant's business. Landlord, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show third parties entering the Premises at Landlord's invitation or request shall at all times strictly observe any reasonable rules relating to prospective tenants and security on the Premises which Tenant has provided to post appropriate for lease signs; (f) if Landlord prior to such entry. Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then right, in effectits sole discretion, to show the Premises designate a representative to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Leaseaccompany Landlord, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months)any third parties, and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in while they are on the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Net Lease Agreement (Wells Real Estate Fund Xi L P)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractorsemployees, servants and employees contractors may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice in response to Tenant) for the following purposes only: an emergency and at reasonable hours to (a) to examine inspect the Premises; (b) exhibit the Premises to confirm Tenant’s compliance prospective purchasers, lenders or tenants; (c) determine whether Tenant is complying with all its obligations in this Lease; (d) supply services to be provided by Landlord to Tenant according to this Lease; (e) post written notices of non-responsibility or similar notices; or (f) make repairs required of Landlord under the terms of this Lease and or make repairs to serveany adjoining space or utility services or make repairs, postalterations, or keep posted improvements to any notices required or allowed under other portion of the Building; however, all such work will be done as promptly as reasonably possible and so as to cause as little interference to Tenant as reasonably possible. Tenant, by this Lease; (b) to perform Article 23, waives any obligation or exercise any right or remedy of Landlord under this Lease (includingclaim against Landlord, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, its agents, employees, or contractors for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by any entry in accordance with this Article 23. Landlord will, at all times, have and Lenders and retain a key with which to post appropriate for sale signs; (e) at any time after an Event unlock all of Defaultthe doors in, to show on or about the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Premises. Landlord shall will have the right during the last year of the Term then to use any and all means it may deem proper to open doors in effect, and to show the Premises in an emergency in order to prospective tenants and post appropriate for lease signs; (g) obtain entry to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent . Any entry to the Premises by Landlord in accordance with this Article 23 will not be construed or deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in the Premises, and to do any other act unlawful entry into or thing necessary for the safety or preservation a detainer of the Premises or Project if an eviction, actual or constructive, of Tenant from the Premises or any excavation portion of the Premises, nor will any such entry entitle Tenant to damages or an abatement of Base Rent, Additional Rent, or other construction is undertaken or is about charges that this Lease requires Tenant to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencepay.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available), after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) Tenant agrees to examine permit Landlord and the authorized representatives of Landlord to enter upon the Premises only at certain and reasonable times, with reasonable prior written notice, or in emergency situations, enter all parts of the Premises, for the purpose of inspecting them and making any necessary repairs 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 Premises, to the extent such is absolutely necessary, Landlord may keep and store in the Premises all necessary materials, tools and equipment, but in such manner as not to unreasonably interfere with Tenant's use 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 Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected; provided, however, that Landlord shall use best efforts not to annoy, disturb or otherwise interfere with Tenant's operations in the Premises in making such repairs or performing such work. Landlord also shall have the right to enter the Premises at all reasonable times to exhibit the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agentspurchaser and/or mortgagee thereof, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during to exhibit the last year Premises to any prospective tenant at any time within six months prior to the expiration of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or unless Tenant shall have previously exercised a then current option to renew the Term beyond the then current Term.
(iiib) Should there be a need to make any emergency repairs which are otherwise the responsibility of Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premisesas provided in this Lease, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need emergent circumstances, Tenant makes such repairs, the cost thereof shall be reimbursed by Landlord. In the event Landlord does not reimburse Tenant for the cost of such emergency repairs within thirty (30) days of Tenant's written demand for payment to preserve Landlord, the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt cost thereof shall be a deduction from any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and Minimum Rent or additional rent due diligence to maintain all information obtained by an entry in the Premises in strict confidencehereunder.
Appears in 1 contract
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and Landlord's Agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior Premises at all reasonable times upon reasonable notice to Tenant, except for emergencies in which case no notice shall be required, to inspect the Premises, to take samples and conduct environmental investigations, to post notices of nonresponsibility and similar notices and signs indicating the availability of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)for sale, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine show the Premises to confirm Tenant’s compliance with the terms of this Lease interested parties such as prospective lenders and purchasers, to servemake necessary Alterations or maintenance and repairs, post, or keep posted any notices required or allowed under this Lease; (b) to perform Tenant's obligations as permitted herein when Tenant has failed to do so and, at any obligation or exercise any right or remedy reasonable time after one hundred eighty (180) days prior to the expiration of Landlord under this Lease (includingthe Term, without limitation, Landlord’s obligations under Article 7 to place upon the Premises reasonable signs indicating the availability of the Premises for lease and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective tenants, all without being deemed to have caused an eviction of Tenant and actual purchasers, investors, brokers, agentswithout any liability to Tenant or abatement of Rent. The above rights are subject to reasonable security regulations of Tenant, and Lenders and in exercising its rights set forth herein, Landlord shall endeavor to post appropriate for sale signs; (e) cause the least possible interference with Tenant's business. Landlord shall at any time after an Event all times have the right to retain a key which unlocks all of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) doors in the manner provided in Section 2.2 abovePremises, then excluding Tenant's vaults and safes, and Landlord and Landlord's Agents shall have the right during to use any and all means which Landlord may deem proper to open the last year of doors in an emergency to obtain entry to the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory listPremises, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises s obtained by Landlord or Landlord's Agents shall not under any circumstances be deemed to unreasonably interfere with Tenant’s use be a forcible or business being conducted in unlawful entry into, or a detainer of, the Premises, and to do any other act or thing necessary for the safety or preservation an eviction of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, Tenant from the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of the foregoing, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due to the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidence.
Appears in 1 contract
Samples: Lease Agreement (Omnicell Com /Ca/)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord or its agents shall strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulations, Landlord, its agents, contractors, servants and employees may only have the right to enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)Premises, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without reasonable times upon reasonable notice to Tenant) for the following purposes only: (a) , in order to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to servePremises, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasersbuyers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; or during the last nine (e9) at any time after an Event months of Defaultthe Term, to show the Premises to prospective tenants and to post appropriate place “For Rent” or “For Sale” signs on or about the Premises. Landlord may make modifications or other changes to the Property as are necessary, in Landlord’s sole discretion, to facilitate development of the Property, so long as Landlord uses its best efforts to minimize the effect of any such entry or any material interference with Tenant’s use of the Premises. Upon receipt of reasonable advance notice from Landlord, Tenant may arrange to have a designated representative of Tenant accompany Landlord in entering the Premises. Landlord’s right of entry shall not be deemed to impose upon Landlord any obligation, responsibility, or liability for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner care, supervision or repair of the Premises other than as provided in Section 2.2 abovethis Lease, then except that Landlord shall use reasonable care to prevent loss or damage to Tenant’s property resulting from Landlord’s entry. Landlord shall have the right during at any time, without effecting an actual or constructive eviction and without incurring any liability to Tenant therefor, to reasonably change the last year arrangement or location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets or other public parts of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, Building and/or Property and to erect scaffolding and protective barricades around and about change the Project and Premisesname, but number or designation by which the Building and/or Property are commonly known, so long as such action does not so as to prevent entry to the Premises or to unreasonably interfere result in any unreasonable interference with Tenant’s access to or use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken with the business carried on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s use of, and access to, by Tenant in the Premises. The nature of Tenant’s business is such that there will be certain areas of the Premises where confidential items will be kept or experiments may be underway. In light of Notwithstanding the foregoing, as a condition Landlord shall have the right to Landlord’s entry as permitted by this Article 16, enter the Premises without first giving notice to Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas in the event of an emergency or where the nature of the Premises as temporarily off limits due to emergency will not reasonably permit the need to preserve the experiments being conducted, and Landlord will use good faith and diligent efforts not to disrupt any areas so designated. Regardless giving of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained by an entry in the Premises in strict confidencenotice.
Appears in 1 contract
Samples: Lease Agreement (Inogen Inc)
LANDLORD'S RIGHT OF ENTRY. Provided Landlord and persons authorized by Landlord may enter the Premises at all reasonable times upon reasonable advance 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 strictly comply with Tenant’s reasonable and non-discriminatory corporate policies and rules and regulationsnot be liable for inconvenience to or disturbance of Tenant by reason of any such entry; provided, Landlordhowever, its agentsthat in the case of repairs or work, contractorssuch shall be done, servants and employees may only enter the interior of the Premises with a Tenant escort (if Tenant makes the escort reasonably available)so far as practicable, after giving Tenant twenty-four (24) hours’ prior notice (oral, email, or written) and after Landlord’s good faith efforts to 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 may enter at any time without notice to Tenant) for the following purposes only: (a) to examine the Premises to confirm Tenant’s compliance with the terms of this Lease and to serve, post, or keep posted any notices required or allowed under this Lease; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease (including, without limitation, Landlord’s obligations under Article 7 and Article 8 of this Lease); (c) to perform work necessary to comply with laws, statutes, ordinances, rules or regulations of any governmental authority or of any insurance underwriter; (d) to show the Premises to prospective and actual purchasers, investors, brokers, agents, and Lenders and to post appropriate for sale signs; (e) at any time after an Event of Default, to show the Premises to prospective tenants and to post appropriate for lease signs; (f) if Tenant does not exercise its Renewal Option(s) in the manner provided in Section 2.2 above, then Landlord shall have the right during the last year of the Term then in effect, to show the Premises to prospective tenants and post appropriate for lease signs; (g) to review Tenant’s Hazardous Materials handling, confirm chemical inventory list, and otherwise inspect the Premises for Hazardous Materials contamination or potential contamination, including an environmental audit of the Premises (the costs of which will be borne by Tenant whenever (i) they reveal any contamination, chemical or environmental irregularities in violation of Applicable Laws or the Operations Plan), (ii) they follow an Event of Default by Tenant under this Lease, or (iii) Landlord has not conducted a similar inspection/review at Tenant’s cost within the preceding 24 months), and (h) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Project and Premises, but not so as to prevent entry to the Premises or to unreasonably interfere with Tenant’s use or business being conducted in the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises or Project if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street; provided any such acts do not unreasonably interfere with Tenant’s 's use of the Premises. Provided, however, that such efforts shall not require Landlord to use overtime labor unless Tenant shall pay for the increased costs to be incurred by Landlord for such overtime labor. Landlord also shall have the right to enter the Premises at all reasonable times after giving prior oral notice to Tenant, to exhibit the Premises to any prospective purchaser and/or mortgagee. Landlord also shall have the right to enter the Premises at all reasonable times after giving prior oral notice to Tenant, to exhibit the Premises to any prospective tenants. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, and access to, the Premises. The nature , or an eviction of Tenant’s business is such that there will be certain areas of Tenant from the Premises where confidential items will be kept or experiments may be underway. In light any portion thereof, or grounds for any abatement or reduction of the foregoingrent and Landlord shall not have any liability to Tenant for any damages or losses on account of any such entry by Landlord except, as a condition to Landlord’s entry as permitted by this Article 16, Tenant may require Landlord to sign a reasonable confidentiality agreement and may designate certain areas of the Premises as temporarily off limits due subject to the need provisions of Article 15, to preserve the experiments being conducted, extent of Landlord's gross negligence or willful misconduct and Landlord will use good faith and diligent efforts not covered by insurance required to disrupt any areas so designated. Regardless of whether Landlord signs a confidentiality agreement, Landlord agrees to use reasonable efforts and due diligence to maintain all information obtained be maintained by an entry in the Premises in strict confidenceTenant hereunder.
Appears in 1 contract
Samples: Lease (E Digital Corp)
