Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises.
Appears in 2 contracts
Samples: Lease (Aruba Networks, Inc.), Lease (Aruba Networks, Inc.)
Landlord’s Right to Enter. Landlord and its agents shall have and third party designees retain the right to enter the Leased Premises during normal business hours after giving but shall give Tenant reasonable notice (which shall be prior written notice except in the event case of a circumstance which Landlord in good faith believes to emergency when no notice shall be an emergencyrequired) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees oror tenants, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure periodoccupants, if any, expressly set forth in this Lease, tenantsand/or licensees; (iii) making necessary alterations, additions or repairs; repairs (provided that any such alterations, additions or repairs shall be coordinated in advance with Tenant), and (iv) performing any of Tenant’s 's obligations when Tenant has failed to do so after so, provided that Landlord and its agents and third party designees shall abide by Tenant's reasonable security measures and provided that access by Landlord and its agents and third party designees pursuant to this Paragraph 4.9 shall not materially and unreasonably interfere with Tenant's use of the expiration of any applicable notice and cure period expressly set forth in this LeaseLeased Premises. Landlord shall have retains the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s 's reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have and its agents retain the right to enter the Common Areas during normal business hours at all times for purposes of any and all purposes, including, but not limited to (i) conducting Landlord's Environmental Response Activities; (ii) inspecting the exterior of the Building and the Common Areas; (iiiii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten fifteen (1015) days’ ' prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iiiiv) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of of, Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all , nor relieve Tenant of Landlord’s activities on the Leased Premises during such period its obligations hereunder, nor constitute a breach of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premisescontract.
Appears in 2 contracts
Samples: Jazz Semiconductor Inc, Jazz Semiconductor Inc
Landlord’s Right to Enter. Landlord and its authorized agents and contractors shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice at least one (which shall be 1) Business Day prior written notice (except in the event of a circumstance which Landlord in good faith believes to be an emergencyEmergency) and subject to Tenant’s 's reasonable security measures measures, for the purpose of (ia) inspecting the same; (iib) showing the Leased Premises to prospective purchasers, mortgagees or, or tenants provided that with respect to prospective tenants such showings shall be permitted only during the last nine (9) months year of the Term (unless Tenant has exercised its Extension Option in which case showing the Premises shall be permitted during the last year of the Extension Term) or such earlier time if the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenantsearlier terminated; (iiic) making necessary alterations, additions or repairsrepairs or supplying any maintenance or services required hereunder; and (ivd) performing any of Tenant’s confirm that Tenant has performed its obligations hereunder or to perform such obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso, or (e) perform such other functions as Landlord deems reasonably necessary or desirable. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Outside Areas; , (ii) posting notices of nonresponsibility non-responsibility, or "For Lease" or "For Sale" signs provided that the posting of "For Lease" signs shall be permitted only during the last year of the Term (and for unless Tenant has exercised its Extension Option in which case posting such purposes Tenant signs shall provide Landlord at least ten (10be permitted during the last year of the Extension Term) days’ prior written notice of any work to be performed on or such earlier time if the Leased PremisesLease is earlier terminated, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any maintenance or services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord in accordance with this paragraph Section shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive eviction of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct have and retain keys with which to unlock all of the doors in or to the Premises, and Landlord shall have the right to use any and all means which Landlord may deem proper in an Emergency in order to obtain entry to the Premises, including secure areas. Except in the event of an Emergency, Landlord’s activities on 's entry shall cause the Leased Premises during such period of entry in a manner designed to cause minimal least interference to Tenant's business as commercially reasonable. Notwithstanding anything to the contrary herein, Tenant shall be permitted to maintain "Secured Areas" (which shall mean certain secure compartmentalized facilities, special access areas and limited access areas as designated by Tenant to Landlord from time to time in advance, provided that such areas are clearly defined, self-contained facilities that have been so designated in writing by Tenant to Landlord in advance) within the Premises, in which case Landlord shall follow Tenant's reasonable security requirements and shall not enter such Secured Areas without being accompanied by a representative of Tenant. In consideration for granting Tenant the right to such Secured Areas, in the event of the need to perform any services or to make inspections, repairs, maintenance or improvements and Tenant’s use 's refusal to provide accompanied access to such Secured Areas for such purposes, Landlord shall have no responsibility for any such services, inspections, repairs, maintenance or improvements within said Secured Areas. If Tenant agrees to subsequently grant Landlord regular access into such Secured Areas, then Landlord shall again be responsible for such services, inspections, repairs, maintenance or improvements therein from and after the date on which such access is granted other than the performance of any repairs or deferred maintenance arising prior to the Leased Premisesgranting of such access, which repairs and maintenance shall remain the responsibility of Tenant.
Appears in 2 contracts
Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable notice and cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. If at any time Tenant is not leasing the entirety of a Building, Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the such Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises. Tenant shall be permitted to maintain “Secured Areas” (defined herein to mean certain secure compartmentalized facilities, special access areas and limited access areas as designated by Tenant to Landlord from time to time in advance) within the Leased Premises, comprising no more than ten percent (10%) of the rentable square footage of the Leased Premises, in which case Landlord shall follow Tenant’s access protocols as to such Secured Areas and shall not enter such Secured Areas without being accompanied by a representative of Tenant.
Appears in 2 contracts
Samples: Disturbance Agreement (Palo Alto Networks Inc), Non Disturbance Agreement (Palo Alto Networks Inc)
Landlord’s Right to Enter. Landlord and its authorized agents and contractors shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable not less than twenty-four (24) hours advance written notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergencyEmergency) and subject to Tenant’s reasonable security measures measures, for the purpose of (ia) inspecting the same; (iib) showing the Leased Premises to prospective purchasers, mortgagees or, or tenants (provided that Landlord may show the Premises to prospective Tenants only during the last nine (9) months final year of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond such earlier time upon the applicable cure period, if any, expressly set forth in this earlier termination of the Lease, tenants); (iiic) making necessary alterations, additions or repairsrepairs or supplying any maintenance or services required hereunder; and (ivd) performing any of Tenant’s confirm that Tenant has performed its obligations hereunder or to perform such obligations when Tenant has failed to do so after so, or (e) perform such other functions as Landlord deems reasonably necessary or desirable; provided at all times while in the expiration Premises Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s s use and occupancy of any applicable notice and cure period expressly set forth in this Leasethe Premises. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Outside Areas; , (ii) posting notices of nonresponsibility non-responsibility, or “For Sale” signs, or “For Lease” signs (and for provided that Landlord may post “For Lease” signs only during the final year of the Term or such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice earlier time upon the earlier termination of any work to be performed on the Leased PremisesLease), as well as notice within one (1) day after the commencement of such work); and (iii) supplying any maintenance or services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord in accordance with this paragraph Section shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive eviction of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct have and retain keys with which to unlock all of Landlord’s activities on the Leased Premises during such period of doors in or to the Premises, and Landlord shall have the right to use any and all means which Landlord may deem proper in an Emergency in order to obtain entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises, including secure areas.
Appears in 2 contracts
Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc), Reciprocal Easement Agreement (Silver Spring Networks Inc)
Landlord’s Right to Enter. Landlord reserves for itself and its agents shall have ------------------------- agents, employees and independent contractors the right to enter the Leased Premises during normal business hours after giving Tenant at all reasonable notice times (which shall be prior written notice except in upon reasonable telephonic notice, if possible) to inspect the event of a circumstance which Landlord in good faith believes Premises, to supply any service to be an emergency) and subject provided by Landlord to Tenant’s reasonable security measures for Tenant hereunder, to show the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, or (during the last nine twelve (912) months of the Lease Term or during any period that only) tenants, to post notices of nonresponsibility, to determine whether Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in complying with its obligations under this Lease, tenants; (iii) and to alter, improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall include the right to grant access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making necessary alterationsrepairs or improvements, additions or repairs; provided that the entrance to the Premises shall not be blocked thereby, and (iv) performing any that there is no unreasonable interference with the business of Tenant’s obligations when Tenant has failed to do so after . In the expiration event of any applicable notice and cure period expressly set forth in this Lease. an emergency Landlord shall have the right to enter the Leased Premises during normal business hours (at any time without notice. Tenant hereby waives any claim for damages for any injury or as otherwise agreed)inconvenience to or interference with Tenant's business, subject any loss of occupancy or quiet enjoyment of the Premises, any right to Tenant’s reasonable security measuresabatement or Rent or Additional Charges, for purposes of supplying or any maintenance or services agreed to be supplied other loss occasioned by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice 's exercise of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendsits rights under this Article 23. Any entry into to the Leased Premises or the Common Areas portions thereof obtained by Landlord in accordance with this paragraph Article 23 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive constructive, of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct perform all of Landlord’s activities on the Leased Premises during such period of entry work pursuant to this Section as quickly as is reasonably possible and in a manner designed to cause minimal as little interference to Tenant and with Tenant’s 's use of the Leased PremisesPremises as is reasonably possible; provided, however, that Landlord shall not be obligated to perform work during other than normal business hours. Tenant waives all rights to consequential damages (including without limitation damages for lost profits and lost opportunities) arising in connection with Landlord's exercise of its right under this Section.
Appears in 1 contract
Landlord’s Right to Enter. Tenant shall, during the term of this Lease, permit Landlord and its agents shall have the right and invitees to enter into and examine the Leased Premises during normal business hours after giving Tenant at reasonable notice (which shall be prior written notice except in times and to show the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchaserslessees (during the last twelve (12) months of the term only), mortgagees orlenders, partners and purchasers and others having a bonafide interest in the Premises, and to make such repairs, alterations and improvements and to perform such testing and investigation as Landlord shall reasonably determine to make or perform and, during the last nine six (96) months prior to the expiration of this Lease, to keep affixed in suitable places notices of availability of the Premises. In exercising its rights hereunder, Landlord shall use reasonable efforts to minimize, to the extent practicable, any interference with the conduct of Tenant’s business, but this shall not obligate Landlord to perform any work or to schedule any entry upon the Premises outside of Normal Building Operating Hours. Except in instances posing an imminent threat to life or property or to perform Landlord’s routine obligations under Article 5, so long as this Lease Term or during any period that Tenant is in monetary full force and effect, Landlord shall give Tenant reasonable notice prior to making any entry into the Premises and use reasonable efforts to follow Tenant’s reasonable safety and security protocols, provided, however, notwithstanding Section 10.1 to the contrary, such notice or material non-monetary default beyond request for entry by Landlord hereunder may be made orally, and Landlord’s personnel, agents and contractors shall not seek entry into the applicable cure periodPremises unless accompanied by an employee of Tenant. Notwithstanding any provision of this Lease or the Rules and Regulations to the contrary, if anyTenant may place separate locks on particular rooms, expressly closets or storage spaces within the Premises and need not give Landlord copies of such keys (such rooms or other areas, “Secured Areas”) and in such event Landlord agrees that it shall not, absent an emergency, seek entry into such Secured Areas so long as this Lease is in full force and effect, except to the extent necessary to make repairs or perform maintenance to the Building or to perform its other obligations or exercise its rights under this Lease, and Tenant agrees to give Landlord access to such Secured Areas promptly upon receiving a request from Landlord therefor (and Tenant’s personnel may accompany Landlord during such access). Tenant shall provide Landlord with the name and telephone number of a representative of Tenant (the “Tenant Contact”) whom Landlord can contact twenty four (24) hours per day, seven (7) days per week, to obtain access to the Premises (including any Secured Areas), and Tenant agrees to give Landlord and its agents and contractors access to the Premises as set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises.Subsection
Appears in 1 contract
Samples: Prometheus Biosciences, Inc.
Landlord’s Right to Enter. Landlord and its Provided same shall not cause unreasonable interference with Tenant’s business operations, Tenant will permit Landlord, Landlord’s contractors, agents shall have or employees, following reasonable prior notice thereto, except in the right case of an emergency, to enter (a) inspect the Leased Premises during normal business hours after giving Tenant Business Hours, (b) enter the Premises during reasonable notice times, and to the extent possible, during non-Business Hours, for making repairs and performing maintenance to the Premises and to the Building (which shall be prior written notice except including without limitation ducts, pipes, wires and building equipment), or for any other reasonable purpose in connection with the event of a circumstance which Landlord in good faith believes operation or maintenance thereof, or (c) to be an emergency) and subject to Tenant’s reasonable security measures for exhibit the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees orpurchasers and lenders and, during the last nine (9) months of the Lease Term or during any period Term, to prospective tenants (collectively, “Landlord Entry”). For the purposes of this Section 18, reasonable prior notice shall be not less than three (3) business days. Landlord is not required to give notice to enter the Premises in case of an emergency; provided, however, that Landlord shall notify Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth of such emergency entry as promptly thereafter as possible. Notwithstanding anything in this LeaseSection 18 to the contrary, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises accompany Landlord, Landlord’s agents, contractors or employees during normal business hours (or as otherwise agreed)any Landlord Entry, subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon in Tenant’s reasonable advance notice to Tenantdiscretion, and as may be required by applicable law or regulation, to designate certain areas of the Premises as “secure areas,” which areas shall in no event be entered by Landlord, Landlord’s agents, contractors or employees without being accompanied by a Tenant representative. In the event that Landlord, Landlord’s agents, contractors or employees require access to any area designated by Tenant as a “secure area,” Landlord shall provide not less than five (5) business days prior notice (or such lesser period as is reasonable in the Buildingevent of emergency) and Landlord and Tenant shall cooperate to find a mutually agreeable time for Tenant to accompany Landlord, Landlord’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of agents, contractors or employees in such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by “secure area.” Landlord in accordance with this paragraph shall not under be responsible to Tenant for any circumstances be construed loss or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant damage resulting from the Leased Premises or any portion thereof. Landlord shall conduct all delay in Landlord’s performance by reason of Landlord’s activities on inability to access, or delay in accessing, such secured areas if and to the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and extent Tenant’s use of the Leased Premisesrequirements for access shall have been responsible for such inability or delay.
Appears in 1 contract
Samples: Lease Agreement (Incyte Corp)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable notice and cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. If at any time Tenant is not leasing the entirety of a Building, Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the such Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in Building E accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises. Tenant shall be permitted to maintain “Secured Areas” (defined herein to mean certain secure compartmentalized facilities, special access areas and limited access areas as designated by Tenant to Landlord from time to time in advance) within the Leased Premises, comprising no more than ten percent (10%) of the rentable square footage of the Leased Premises, in which case Landlord shall follow Tenant’s access protocols as to such Secured Areas and shall not enter such Secured Areas without being accompanied by a representative of Tenant.
Appears in 1 contract
Landlord’s Right to Enter. Landlord reserves for itself and its agents shall have ------------------------- agents, employees and independent contractors the right to enter the Leased Premises during normal business hours after giving Tenant at all reasonable notice times (which shall be prior written notice except in upon reasonable telephonic notice, if possible) to inspect the event of a circumstance which Landlord in good faith believes Premises, to supply any service to be an emergency) and subject provided by Landlord to Tenant’s reasonable security measures for Tenant hereunder, to show the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, or (during the last nine twelve (912) months of the Lease Term or during any period that only) tenants, to post notices of nonresponsibility, to determine whether Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in complying with its obligations under this Lease, tenants; (iii) and to alter, improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall include the right to grant access to the Premises to governmental or utility employees. Landlord may erect, use and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making necessary alterationsrepairs or improvements, additions or repairs; provided that the entrance to the Premises shall not be blocked thereby, and (iv) performing any that there is no unreasonable interference with the business of Tenant’s obligations when Tenant has failed to do so after . In the expiration event of any applicable notice and cure period expressly set forth in this Lease. an emergency Landlord shall have the right to enter the Leased Premises during normal business hours (at any time without notice. Tenant hereby waives any claim for damages for any injury or as otherwise agreed)inconvenience to or interference with Tenant's business, subject any loss of occupancy or quiet enjoyment of the Premises, any right to Tenant’s reasonable security measuresabatement or Rent or Additional Charges, for purposes of supplying or any maintenance or services agreed to be supplied other loss occasioned by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice 's exercise of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendsits rights under this Article 23. Any entry into to the Leased Premises or the Common Areas portions thereof obtained by Landlord in accordance with this paragraph Article 23 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive constructive, of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct perform all of Landlord’s activities on the Leased Premises during such period of entry work pursuant to this Section as quickly as is reasonably possible and in a manner designed to cause minimal as little interference to Tenant and with Tenant’s 's use of the Leased PremisesPremises as is reasonably possible; provided, however, that Landlord shall not be obligated to perform work during other than normal business hours. Tenant waives all rights to consequential damages (including without limitation damages for lost profits and lost opportunities) arising in connection with Landlord's exercise of its right under this Section. Notwithstanding the foregoing, Landlord shall have the right to enter Tenant's secured equipment area (sometimes referred to in this Lease as Tenant's data center) within the Premises only in accordance with Section 19.4 above.
Appears in 1 contract
Samples: Lease (Inflow Inc)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterationsalterations approved by Tenant, additions or repairs; (iv) posting notices, and (ivv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of beyond any applicable notice and cure period expressly set forth in this Leaseperiod. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed)and during all reasonable times, subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Outside Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) thirty days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. In exercising its rights under this Section, Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed use commercially reasonable efforts to cause minimal minimize interference to Tenant and with Tenant’s use of the Leased Premises.Premises and the Outside Areas. 4.8
Appears in 1 contract
Samples: Scientific Learning Corp
Landlord’s Right to Enter. Landlord and its agents Landlord’s Invitees (as defined below) shall have the right be entitled to enter into and examine the Leased Premises upon reasonable prior notice at reasonable times during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for and manufacturing requirements; provided, however, that no notice shall be required in the purpose event of an emergency. Tenant has informed Landlord that Tenant’s research, manufacturing, and testing involve the use of clean rooms, sterile rooms, vacuum xxxxxxxx, negative pressure laminar hooded laboratories, and areas in which precisely calibrated laser testing occurs, the current locations of which areas (isubject to change or modification as may be permitted by the terms of this Lease) inspecting are depicted on Exhibit E attached hereto (collectively, the same; (ii) showing “Operationally Sensitive Areas”). Tenant has further advised Landlord that access by Landlord or Landlord’s Invitees to the Leased Operationally Sensitive Areas could adversely impact or compromise the necessary operating conditions of such areas. Accordingly, access of the Landlord and Landlord’s Invitees to the Operationally Sensitive Areas while manufacturing or testing is underway shall, at Tenant’s option, be restricted or limited as reasonably determined by Tenant to the extent necessary to avoid adverse impacts on Tenant’s business operations in such areas. In such event, Tenant will provide, on request, reasonably current photographs of the Operationally Sensitive Areas to which access cannot be given. Tenant shall have the right to have a representative of Tenant present at each such entry and examination of the Premises to prospective purchasers, mortgagees or, by the Landlord during the Term. The Landlord shall carry its own liability insurance covering the Landlord and the Landlord’s Invitees on the Premises during such periods of access. During the last nine fifteen (915) months of the Lease Term, Landlord’s access rights hereunder shall include the right to access the Premises from time to time during the Term or during any period that Tenant is of the Lease for marketing purposes, including (i) allowing prospective tenants, investors, buyers, lenders and Landlord’s agents and invitees (collectively, “Landlord’s Invitees”) to perform due diligence activities on the Premises, and (ii) posting signs on the Land and/or the Building advertising the availability of space in monetary or material non-monetary default beyond the applicable cure periodPremises, if any, expressly in each case (1) at Landlord’s sole cost and expense; (2) at reasonable frequency; and (3) subject in all respects to the terms and conditions set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendssection. Any entry into the Leased Premises or the Common Areas obtained by Landlord or Landlord’s Invitees may not include invasive testing within the Premises, and Landlord shall use reasonable efforts during such periods of access to minimize interference with Tenant’s business operations. Notwithstanding anything contained in accordance with this paragraph shall not under any circumstances be construed Lease to the contrary, Landlord hereby agrees to indemnify and hold harmless Tenant from and against all claims, costs, damages, demands, actions, liabilities, expenses and causes of action (including, without limitation, reasonable attorney’s fees) arising out of or deemed to be a forcible or unlawful entry intoresulting from personal injury, or a detainer of, the Leased Premises, property damage incurred by Tenant and caused by Landlord or an eviction, actual or constructive Landlord’s Invitees during such periods of Tenant from the Leased Premises or any portion thereofaccess. Landlord shall conduct all of Landlordwill provide Tenant with reasonable advance notice prior to each visit by Xxxxxxxx’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased PremisesInvitees.
Appears in 1 contract
Samples: Lease (Gsi Group Inc)
Landlord’s Right to Enter. Subject to the terms and conditions herein, Landlord and its agents shall have the right to Agents may enter the Leased Premises during normal business hours at any reasonable time after giving reasonable prior written, email, or verbal notice to Tenant reasonable notice (which shall be prior written notice except in the event case of a circumstance any emergency or regularly scheduled services, in which Landlord in good faith believes to case no prior notice shall be an emergencyrequired) and subject to Tenant’s reasonable security measures for the purpose of of: (i) inspecting the same; (ii) posting notices of non-responsibility; (iii) supplying any service to be provided by Landlord to Tenant; (iv) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term Lenders or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iiiv) making necessary alterations, additions or repairs; and (ivvi) performing any of Tenant’s obligations when Tenant has failed to do so after written notice from Landlord; (vii) placing upon the expiration Premises ordinary “for lease” signs or “for sale” signs; and (viii) responding to an emergency. Tenant has advised Landlord that due to the sensitive nature of Tenant’s operations, Landlord shall not enter the Premises in other than an emergency situation without first providing Tenant with no less than one (1) business day’s written, email, or verbal notice of the proposed entry. Tenant shall have the right and option to cause a Tenant-authorized representative to be present during any applicable notice such entry by Landlord, its agents, employees and cure period expressly representatives. Notwithstanding anything to the contrary set forth in this Lease, Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable property or confidential information. Landlord may not enter such Secured Areas except in the case of emergency or in the event of a Landlord inspection, in which case Landlord shall provide Tenant with two (2) business days’ prior written, verbal, or email notice (but only shall be valid if delivered to Xxxx Xxxxx at xxxxxx@xxxxxxxxxxxx.xxx or such other individual(s) identified by Tenant and Tenant shall promptly identify a new individual if Xxxx Xxxxx is no longer employed by Tenant) of the specific date and time of such Landlord inspection. In addition, Tenant shall have the right to enter cause Landlord to conduct any work in the Leased Premises during other than normal business hours (in particular instances if Tenant agrees to reimburse Landlord for the extra cost incurred in connection with such work which exceeds the cost of such work which would have been incurred had it been performed during the Building’s normal business hours. If Tenant elects to have an employee of Tenant accompany the person(s) entering the Premises on behalf of Landlord, and Tenant shall arrange for its employee or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed representative to be supplied available at times reasonably requested by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes entry. If Tenant shall not be personally present to open and permit an entry into the Premises at any time when such an entry by Landlord is necessary or permitted hereunder, Landlord may enter by means of a master key or may enter forcibly, only in the case of an emergency, without liability to Tenant and without affecting this Lease. Tenant shall provide Landlord at least ten (10) days’ prior written notice with reasonable means of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; accessing all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use areas of the Leased PremisesPremises in the event of an emergency, including, without limitation, providing Landlord with master pass keys and bypass mechanisms for electronic doors.
Appears in 1 contract
Landlord’s Right to Enter. Landlord and its agents shall have the right to may enter the Leased Premises during normal business occupied by the Tenant, at reasonable times with at least 12 hours after giving Tenant reasonable notice (which shall be prior written notice except in advance notice, to inspect the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for Premises, make repairs, show the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective tenants or purchasers, mortgagees oror comply with applicable laws or regulations. Landlord may enter without advance notice upon consent of the Tenant, during when a health or safety emergency exists, or if Tenant is absent and Landlord believes entry is necessary to protect the Premises or the building in which they are located from damage. ABANDONMENT If Tenant unjustifiably removes from the Premises before the last nine (9) months day of the Lease Term or during rental term, Tenant shall be liable for all rent due under this Agreement through the last day of the term, plus damages incurred by Xxxxxxxx, and less any period net rent received by Landlord in rerenting the premises. If Xxxxxx is absent from the Premises for three consecutive weeks without written notice of such absence to Landlord, Landlord may, in Landlord's sole discretion, deem that Tenant is in monetary or material non-monetary default beyond Xxxxxx has removed from the applicable cure periodPremises and proceed to rerent the Premises. If Xxxxxx leaves personal property behind, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior dispose of the Building property as provided by law or per any written property lien agreement. SALE OF PROPERTY LEAD-BASED PAINT PROVISIONS (Applicable only if the Premises is a "target property" constructed before 1978.) Upon voluntary or involuntary transfer of ownership of the Premises, Landlord's obligations under this Agreement are expressly released by Tenant. The new owner of the Premises shall be solely responsible for the Landlord's obligations under this Agreement. Tenant has received, read and understands Xxxxxxxx's lead-based paint (LBP) disclosures and the Common Areas; Protect Your Family From Lead In Your Home Pamphlet (ii) posting notices of nonresponsibility (Pamphlet). Xxxxxx agrees to follow the practices recommended in the Pamphlet in order to protect Xxxxxx and for such purposes other guests and occupants from injuries caused by exposure to lead. Tenant shall provide immediately notify the Landlord at least ten (10) days’ prior written notice in writing if Tenant, Xxxxxx's guests or any other occupant observes any other conditions indicating the presence of any work to be performed on the Leased Premisesa potential LBP hazard, as well as notice within one (1) day after described in the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased PremisesPamphlet.
Appears in 1 contract
Samples: Residential Lease
Landlord’s Right to Enter. Landlord reserves and its agents shall have the right with prior notice, excepting emergencies, to enter the Leased Premises during normal business hours after giving Tenant at all reasonable notice (which shall be prior written notice except in times to inspect same, to show the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees oror tenants, during to post notices of nonresponsibility, and to alter, improve or repair the last nine (9) months Premises, adjacent premises and any other portion of the Lease Term Building or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing systems serving any of the same, without abatement of Basic Rent or Additional Rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed; provided that the entrance to the Premises shall not be blocked thereby. Landlord shall use best efforts to minimize disruption to Tenant, and where reasonable, shall perform work “after hours.” Landlord and its agents shall also have unrestricted access to the Premises at any time in the event of an emergency, without abatement of Basic Rent or Additional Rent. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s obligations when business, any loss of occupancy or quiet enjoyment of the Premises or any other loss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated as such by Tenant has failed to do so after the expiration of any applicable notice in advance), and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (use any and all means that Landlord may deem necessary or as otherwise agreed)proper to open said doors in an emergency, subject in order to Tenant’s reasonable security measures, for purposes of supplying obtain entry to any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior portion of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors entry to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas portions thereof obtained by Landlord in accordance with this paragraph 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, the Leased Premises, or an eviction, actual or constructive constructive, of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on also have the Leased Premises during such period of entry in a manner designed to cause minimal interference right at any time, without same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, elevators, stairs, toilets and other public parts of the Building. Landlord will not show prospective tenants the Premises earlier than six (6) months prior to the lease termination date. Notwithstanding the foregoing, any work done by Landlord shall not interfere with Tenant’s use of business and shall not prevent access to the Leased PremisesPremises by Tenant or Tenant’s patients.
Appears in 1 contract
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable prior notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, or mortgagees or, during or (and within the last nine twelve (912) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure periodterm, if any, expressly set forth in this Lease, prospective tenants); (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. In no event may the exercise by Landlord shall also have of its right of access to the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers Common Areas unreasonably and the interstitial space above materially interfere with Tenant’s acoustical ceiling to connect new utility ingress and communications lines egress from other floors to the base Building utility lines; all Leased Premises and use of such work shall be done after hours or on weekendsthe parking area in the location identified in Article 1. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. thereof provided, in each instance, Landlord shall conduct takes all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed commercially reasonable steps to cause minimal interference minimize any inconvenience to Tenant and Tenant’s use the duration of such access to the Leased Premises.
Appears in 1 contract
Landlord’s Right to Enter. Tenant shall, during the term of this Lease, permit Landlord and its agents shall have the right and invitees to enter into and examine the Leased Premises during normal business hours after giving Tenant at reasonable notice (which shall be prior written notice except in times and to show the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchaserslessees, mortgagees orlenders, partners and purchasers and others having a bona fide interest in the Premises, and to make such repairs, alterations and improvements and to perform such testing and investigation as Landlord shall reasonably determine to make or perform, and, during the last nine six (96) months prior to the expiration of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) to keep affixed in suitable places notices of availability of the Premises. Except in instances posing an imminent threat to life or property, and except for any entry pursuant to the performance of Landlord’s routine janitorial obligations under Article 5, Landlord shall use reasonable efforts to exercise its rights of entry under this Section 6.1.6 only on Business Day and during Normal Building Operating Hours and Landlord shall give Tenant reasonable notice prior to making necessary alterationsany entry into the Building, additions provided, however, notwithstanding Section 10.1 to the contrary, such notice or repairs; request for entry by Landlord hereunder may be made orally. Except in instances posing an imminent threat to life or property or to perform Landlord’s routine janitorial obligations under Article 5, Landlord’s personnel, agents and (iv) performing any contractors shall not seek entry into the Building unless accompanied by an employee of Tenant’s obligations when , and Tenant has failed agrees to do so after the expiration of any applicable notice give Landlord and cure period expressly set forth in this Lease. Landlord shall have the right its agents and contractors access to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes promptly upon receiving a request from Landlord therefor. Tenant shall provide Landlord at least ten with the name and telephone number of a representative of Tenant (10the “Tenant Contact”) days’ prior written notice of whom Landlord can contact twenty four (24) hours per day, seven (7) days per week to obtain access to the Building. If Tenant fails to give Landlord reasonably prompt access to the Building or to any work portion thereof to be performed on the Leased Premises, as well as notice within one (1) day perform its obligations or to exercise its rights under this Lease after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have given (or shall have attempted to give) the rightTenant Contact a request for access, upon reasonable advance then Landlord may enter the Building or such portion without further notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use without being accompanied by a representative of Tenant and by force if necessary, and Landlord shall have no liability whatsoever to Tenant as a result of such entry and Tenant shall pay all reasonable costs and expenses incurred by Landlord to repair or reconstruct any damage to the Leased PremisesPremises or Building resulting from any such forcible entry by Landlord.
Appears in 1 contract
Samples: Lease (Mimedx Group, Inc.)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant be permitted, upon reasonable prior notice (which notice may be oral or written) except in emergencies and with respect to the provision of regular cleaning services (with respect to which no notice shall be prior written notice except in required), at any time and from time-to-time, to enter and to have its authorized agents, employees and contractors enter the event of a circumstance which Landlord in good faith believes to be an emergencyPremises during Normal Business Hours (as defined below) and subject to Tenant’s reasonable security measures for the purpose of (ia) inspecting the same; (iib) showing the Leased Premises to prospective purchasers, mortgagees oror tenants (with respect to tenants, only during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenantsTerm); (iiic) making necessary alterations, additions additions, restorations or repairsrepairs and having access to utilities and services (including all ducts, conduits, risers, and access panels (if any), which Tenant shall not obstruct; and or (ivd) performing any of Tenant’s 's obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall use reasonable efforts to schedule the activities described in clause (c) above after Normal Business Hours except in the case of casualty, condemnation, imminent harm to persons or damage to property, or other emergency and, unless Tenant pays all Additional Costs (as defined below) associated with the activities described in clause (c) above, only so long as the scheduling and performance of such activities after Normal Business Hours does not result in any additional cost or expense to Landlord such as the payment of overtime or premium wages or charges ("Additional Costs"). Landlord shall also have the right to enter the Leased Premises during normal business hours Normal Business Hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, ) for purposes of supplying any maintenance or services agreed to be supplied by LandlordLandlord in this Lease. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior Any of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry foregoing entries into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof, and Tenant shall not be entitled to compensation or any diminution or abatement of Rent for any inconvenience, nuisance or discomfort caused thereby. Landlord, in exercising its rights under this Section 4.9 shall use its commercially reasonable efforts to minimize, to the extent reasonably practicable under the circumstances, interference with Tenant's access to and operations in the Premises, provided that in an emergency Landlord shall conduct all of Landlord’s activities on or Persons authorized by it may enter and use the Leased Premises during such period of entry in a manner designed without regard to cause minimal interference to Tenant and Tenant’s use of the Leased Premisesminimizing interference.
Appears in 1 contract
Samples: Lease (Crawford & Co)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, or during the last nine (9) months of the Lease Term (as extended, if applicable) or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building 4 and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) thirty days’ prior written notice of any work to be performed on the Leased Premises, Premises as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Tenant shall be permitted to maintain “Secured Areas” (defined herein to mean certain secure compartmentalized facilities, special access areas and limited access areas as designated by Tenant to Landlord shall conduct all of Landlord’s activities on from time to time in advance) within the Leased Premises during such period Premises, comprising in the aggregate no more than ten percent (10%) of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use the rentable square footage of the Leased Premises, in which case Landlord shall follow Tenant’s access protocols as to such Secured Areas and shall not enter such Secured Areas without being accompanied by a representative of Tenant.
Appears in 1 contract
Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice notice, but no less than 24 hours (which shall be prior written notice except in the event case of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures emergencies), for the purpose of (i) inspecting the same; (ii) showing the Leased Premises and the roof of the Building to prospective purchasers, mortgagees ormortgagees, tenants (during the last nine (9) months of the term of the Lease and during other months of the Lease Term with Tenant’s prior consent, which shall not be unreasonably withheld), or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenantsother licensees; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth so. Notwithstanding anything in this LeaseLease to the contrary, Tenant acknowledges and agrees that Landlord retains the exclusive right to use the roof of the Building and to enter into one or more leases, licenses or other agreements for use of the roof of the Building, provided any such lease, license or other use agreement shall be limited to use for the benefit of the Building or the Property, and in connection with the same, Landlord and any tenant, licensee or other user pursuant to any such agreement shall have the right to enter the Leased Premises for purposes of accessing the roof of the Building. Landlord shall have the right to enter the Leased Premises premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Outside Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord or any other party in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Any entry by Landlord shall conduct all of and Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and agents or licensees shall not impair Tenant’s use of operations more than reasonably necessary, and shall comply with Tenant’s reasonable security measures provided such security measures do not unreasonably interfere with the Leased Premisesroof rights reserved hereinabove.
Appears in 1 contract
Samples: Office Lease (Cortina Systems Inc)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable written notice (which shall be prior written include e-mail notice except in the event of a circumstance which Landlord in good faith believes to be an emergencyfor this purpose) and subject to Tenant’s 's reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to tenants (provided that so long as there is no compelling business reason to show the Leased Premises earlier than one (1) year prior to the expiration of the Lease Term, and Tenant is not in default under this Lease, and upon Landlord's request Tenant confirms that it then has no present intention of subleasing the Leased Premises or any portion thereof or of assigning this Lease, then Landlord agrees that it will not exercise its right to enter the Leased Premises to show the same to a prospective purchasers, mortgagees or, during tenant until the last nine twelve (912) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenantsTerm; (iii) showing the Leased Premises to prospective purchasers or mortgagees; (iv) making necessary alterations, additions or repairs; and (ivv) performing any of Tenant’s 's obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s 's reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Outside Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) thirty days’ ' prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in Prior to exercising its rights under this paragraph relating to a manner designed prospective lease or sale (which exercise may reasonably be expected to cause minimal interference to Tenant and impact Tenant’s 's use or occupancy of the Leased Premises), and provided that Tenant is not then in material default under this Lease, Landlord shall give Tenant reasonable notice of the specific actions to be taken shall exercise reasonable efforts to avoid materially impactingTenant's use and occupancy of or access to the Leased Premises.
Appears in 1 contract
Samples: Lease (Macromedia Inc)
Landlord’s Right to Enter. Landlord and its agents shall have the right to may enter the Leased Premises during normal business occupied by the Tenant, at reasonable times with at least 12 hours after giving Tenant reasonable notice (which shall be prior written notice except in advance notice, to inspect the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for Premises, make repairs, show the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective tenants or purchasers, mortgagees oror comply with applicable laws or regulations. Landlord may enter without advance notice upon consent of the Tenant, during when a health or safety emergency exists, or if Tenant is absent and Landlord believes entry is necessary to protect the Premises or the building in which they are located from damage. ABANDONMENT If Tenant unjustifiably removes from the Premises before the last nine (9) months day of the Lease Term or during rental term, Tenant shall be liable for all rent due under this Agreement through the last day of the term, plus damages incurred by Landlord, and less any period net rent received by Landlord in rerenting the premises. If Tenant is absent from the Premises for three consecutive weeks without written notice of such absence to Landlord, Landlord may, in Landlord's sole discretion, deem that Tenant is in monetary or material non-monetary default beyond has removed from the applicable cure periodPremises and proceed to rerent the Premises. If Tenant leaves personal property behind, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter dispose of the Leased property as provided by law or per any written property lien agreement. SALE OF PROPERTY Upon voluntary or involuntary transfer of ownership of the Premises, Landlord's obligations under this Agreement are expressly released by Tenant. The new owner of the Premises during normal business hours shall be solely responsible for the Landlord's obligations under this Agreement. LEAD-BASED PAINT PROVISIONS (Applicable only if the Premises is a "target property" constructed before 1978.) Tenant has received, read and understands Landlord's lead-based paint (LBP) disclosures and the Protect Your Family From Lead In Your Home Pamphlet (Pamphlet). Tenant agrees to follow the practices recommended in the Pamphlet in order to protect Tenant and other guests and occupants from injuries caused by exposure to lead. Tenant shall immediately notify the Landlord in writing if Tenant, Tenant's guests or any other occupant observes any other conditions indicating the presence of a potential LBP hazard, as otherwise agreed)described in the Pamphlet. TENANT RULES & OBLIGATIONS During the lease term, subject to as a condition of Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the 's continuing right to enter use and occupy the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, Tenant agrees and promises, unless Landlord otherwise provides in writing, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlordfollows: USE PETS GOVT. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendsREG. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises.MAINTENANCE IMPROVEMENTS GUESTS NEGLIGENCE VACATION OF PREMISES
Appears in 1 contract
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, or during the last nine (9) months of the Lease Term (as extended, if applicable) or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building 3 and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) thirty days’ prior written notice of any work to be performed on the Leased Premises, Premises as well as notice within Building 3 one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Tenant shall be permitted to maintain “Secured Areas” (defined herein to mean certain secure compartmentalized facilities, special access areas and limited access areas as designated by Tenant to Landlord shall conduct all of Landlord’s activities on from time to time in advance) within the Leased Premises during such period Premises, comprising in the aggregate no more than ten percent (10%) of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use the rentable square footage of the Leased Premises, in which case Landlord shall follow Tenant’s access protocols as to such Secured Areas and shall not enter such Secured Areas without being accompanied by a representative of Tenant.
Appears in 1 contract
Samples: By And (Kodiak Sciences Inc.)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice at least twenty-four (which shall be prior written notice 24) hours in advance (except in the event of a circumstance situation which Landlord in good faith believes to be an emergency) ), and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, purchasers or mortgagees or, or (during the last nine twelve (912) months of the then-current Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, default) tenants; (iii) making necessary alterations, additions or repairsrepairs permitted to be performed by Landlord under this Lease; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after within the expiration of any applicable express notice and cure period expressly periods, if any, set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building 2 and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, Premises as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. ; provided, however, that in exercising its rights under this Paragraph 4.9, Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed use reasonable efforts to cause minimal minimize any interference to Tenant and with Tenant’s use or enjoyment of or access to the Leased Premises.
Appears in 1 contract
Samples: By and Between (Applovin Corp)
Landlord’s Right to Enter. Landlord and its agents shall have the right to Agents may enter the Leased Premises during normal business hours at any reasonable time after giving Tenant reasonable notice (which shall be prior written or verbal notice to Tenant and if Tenant provides an employee or agent to escort the persons entering the Premises and such employee or agent is available at said time (except in the event case of a circumstance any emergency or regularly scheduled services, in which Landlord in good faith believes to case no escort or prior notice shall be an emergencyrequired) and subject to Tenant’s reasonable security measures for the purpose of of: (i) inspecting the same; (ii) posting notices of non-responsibility; (iii) supplying any service to be provided by Landlord to Tenant; (iv) showing the Leased Premises to prospective purchasers, mortgagees Lenders or, during the last nine six (96) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this LeaseTerm, tenants; (iiiv) making necessary alterations, additions or repairs; and (ivvi) performing any of Tenant’s obligations when Tenant Xxxxxx has failed to do so after written notice from Landlord; (vii) placing upon the expiration Premises ordinary “for lease” signs during the last six (6) months of any applicable notice the Lease Term or “for sale” signs; and cure period expressly set forth in this Lease(viii) responding to an emergency. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying use any maintenance or services agreed to be supplied by Landlord. and all means Landlord shall have the right may deem necessary and proper to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendsPremises in an emergency. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph Section 15.1 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive constructive, of Tenant from the Leased Premises or any portion thereofPremises. In exercising its rights under this Section, Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed treat as confidential and shall cause its Agents to cause minimal interference to Tenant and treat as confidential any information obtained or learned about Tenant’s business and manufacturing processes; Landlord shall not use and shall cause its Agents to not use any such information to compete with Tenant or make any such information available to competitors of Tenant. Tenant hereby waives any claims for damages for any injury or inconvenience to or interference with Xxxxxx’s business, any loss of occupancy or quiet enjoyment of the Leased Premises, and any other loss occasioned thereby arising from any entry by Landlord or its Agents in accordance with this Section.
Appears in 1 contract
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees oror tenants, during (A) the last nine (9) months of the Lease Term Term, if Tenant’s termination option pursuant to Paragraph 2.3(b) has expired or has been waived, (B) at any time, if Tenant’s termination option pursuant to Paragraph 2.3(b) has not expired or been waived, or (C) during any period that Tenant is in monetary or material non-monetary default beyond the applicable notice and cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall have the right, upon reasonable advance notice to Tenant, to access interstitial space above Tenant’s acoustical ceiling (xxxxxxxxx xxxxx xxxxx xxx Xxxxxx Xxxx) to connect new utility lines from upper floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises. Tenant shall be permitted to maintain “Secured Areas” (defined herein to mean certain secure compartmentalized facilities, special access areas and limited access areas as designated by Tenant to Landlord from time to time in advance) within the Leased Premises, comprising no more than ten percent (10%) of the rentable square footage of the Leased Premises, in which case Landlord shall follow Tenant’s access protocols as to such Secured Areas and shall not enter such Secured Areas without being accompanied by a representative of Tenant.
Appears in 1 contract
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable at least twenty-four (24) hours’ prior notice (which notice may be oral or electronic in nature and shall not be prior written notice except required in the event of a circumstance which Landlord in good faith believes to be an bona fide emergency, as reasonably determined by Landlord) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall also have the right, upon at least twenty-four (24) hours’ prior notice to Tenant (which notice may be oral or electronic in nature and shall not be required in the event of a bona fide emergency, as reasonably determined by Landlord), to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility non-responsibility (and for such purposes Tenant shall provide Landlord at least ten thirty (1030) days’ prior written notice of any work to be performed on the Leased Premises, Premises as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises.
Appears in 1 contract
Samples: Lease Agreement (Biolase, Inc)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s 's reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s 's obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Lease(if required) from Landlord provided, that during any entry pursuant to clause (ii), Tenant may accompany Landlord. Landlord shall have the right to enter the Leased Premises premises during normal business hours (or as otherwise agreed), subject to Tenant’s 's reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Outside Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ ' prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. In exercising the foregoing rights, Landlord shall conduct all of Landlord’s activities on the Leased Premises during such period of entry in a manner designed will make reasonable efforts not to cause minimal interference to Tenant and interfere with Tenant’s 's use of the Leased PremisesPremises or with Tenant's parking rights.
Appears in 1 contract
Samples: Aviron
Landlord’s Right to Enter. Landlord reserves for itself and ------------------------- its agents shall have agents, employees and independent contractors the right to enter the Leased Premises during normal business hours after giving Tenant at all reasonable notice times (which shall be prior written notice except in upon reasonable telephonic notice, if possible) to inspect the event of a circumstance which Landlord in good faith believes Premises, to supply any service to be an emergency) and subject provided by Landlord to Tenant’s reasonable security measures for Tenant hereunder, to show the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, or (during the last nine (9) months of the Lease Term or during any period that only) tenants, to post notices of nonresponsibility, to determine whether Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in complying with its obligations under this Lease, tenants; (iii) and to alter, improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall include the right to grant access to the Premises to governmental or utility employees. Landlord may erect use and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making necessary alterationsrepairs or improvements, additions or repairs; provided that the entrance to the Premises shall not be blocked thereby, and (iv) performing any that there is no unreasonable interference with the business of Tenant’s obligations when Tenant has failed to do so after . In the expiration event of any applicable notice and cure period expressly set forth in this Lease. an emergency Landlord shall have the right to enter the Leased Premises during normal business hours (at any time without notice. Tenant hereby waives any claim for damages for any injury or as otherwise agreed)inconvenience to or interference with Tenant's business, subject any loss of occupancy or quiet enjoyment of the Premises, any right to Tenant’s reasonable security measuresabatement or Rent or Additional Charges, for purposes of supplying or any maintenance or services agreed to be supplied other loss occasioned by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice 's exercise of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendsits rights under this Article 23. Any entry into to the Leased Premises or the Common Areas portions thereof obtained by Landlord in accordance with this paragraph Article 23 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive constructive, of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct perform all of Landlord’s activities on the Leased Premises during such period of entry work pursuant to this Section as quickly as is reasonably possible and in a manner designed to cause minimal as little interference to Tenant and with Tenant’s 's use of the Leased PremisesPremises as is reasonably possible; provided, however, that Landlord shall not be obligated to perform work during other than normal business hours. Tenant waives all rights to consequential damages (including without limitation damages for lost profits and lost opportunities) arising in connection with Landlord's exercise of its right under this Section.
Appears in 1 contract
Samples: Pharmacopeia Inc
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises and Tenant’s exclusive use areas of the Property during normal business hours after giving Tenant reasonable written notice (which shall be prior written i.e., not less than 24 hours’ notice except in the event case of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable safety and security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees mortgagees, or, during the last nine (9) months of the Lease Term or during any period that Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this LeaseTerm, tenants; (iii) making necessary alterations, additions or repairsrepairs as required by Landlord under this Lease; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any following all applicable notice and cure period periods expressly set forth in this Lease. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable safety and security measuresmeasures and Landlord’s compliance with this paragraph, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to TenantTenant in compliance with this paragraph, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lineslines . Landlord shall have the right to enter the Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Buildings and the Outside Areas; all (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) business days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) business day after the commencement of such work shall work); and (iii) supplying any services to be done after hours or on weekendsprovided by Landlord pursuant to this Lease. Any entry into the Leased Premises or the Common Outside Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities at the Property (subject to Article 18) or on the Leased Premises during such period of entry in a manner reasonably designed to cause minimal interference to Tenant and Tenant’s use of the Leased Premises. Tenant shall have the right to have an employee or representative of Tenant present to escort Landlord during any such entry onto the Leased Premises.
Appears in 1 contract
Samples: Lease (Personalis, Inc.)
Landlord’s Right to Enter. To permit Landlord and its agents to enter the Premises at reasonable hours upon reasonable advance notice for the purpose of doing maintenance or making repairs or otherwise exercising its rights or fulfilling its obligations under this Lease, and Landlord also shall have the right to enter make access available at reasonable hours upon reasonable advance notice to prospective or existing mortgagees, investors or purchasers and their architects and contractors, and during the Leased last twelve (12) months of the Term, to have access to the Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises it to prospective purchasersleasing brokers, mortgagees ortenants and their architects and contractors, during the last nine (9) months and to keep affixed in suitable places notices of availability of the Lease Term or during Premises. Landlord will use reasonable efforts to exercise its rights under this 5.1.7 in a manner which does not unreasonably interfere with Tenant’s use of the Premises, and any period that Tenant is in monetary or material non-monetary default beyond party so entering the applicable cure period, if any, expressly set forth in this Lease, tenants; (iii) making necessary alterations, additions or repairs; Premises shall comply with the reasonable safety and (iv) performing any security requirements of Tenant’s obligations when . Subject to the provisions of Section 2.1, Tenant has failed to do so after the expiration of any applicable notice acknowledges and cure period expressly set forth in this Lease. agrees that Landlord shall have the right to enter install, repair, replace, use or maintain and relocate for service to the Leased Premises during normal business hours (and to other parts of the Building, building service fixtures and equipment wherever located in the Building or on the Lot, to alter or relocate any common facilities, provided that any altered or relocated facilities shall be of substantially the same quality and convenience as otherwise agreed)the facilities being altered or relocated, and to do construction, renovation and repair work in, on or about the Lot and the Park or the Building. Without limiting the foregoing, but subject to Tenant’s the provisions of Section 2.1, any parking spaces may be temporarily relocated within the Park from time to time by Landlord with reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, and any parking spaces which are not in the Dedicated Parking Area may be permanently relocated within the Park, but in no event may relocation occur to access accommodate another tenant, and roadways, driveways, landscaping, buildings, loading docks building additions and other improvements may be constructed in, on or about the Building’s vertical risers Lot and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereofPark. Landlord shall conduct all of Landlordnot relocate any parking spaces in the Dedicated Parking Area to any location farther away from Tenant’s activities entrance than they are shown on the Leased Premises during Site Plan for more than six (6) months. Landlord agrees not to obstruct Tenant’s access to or egress from the Premises, to use reasonable efforts to perform or cause such period of entry work in such a manner designed as to cause minimal interference minimize any disruption to Tenant and Tenant’s use and occupancy of the Leased PremisesPremises and to minimize any disruption to Tenant’s business (provided the foregoing shall not be interpreted so as to require Landlord to incur overtime or similar costs).
Appears in 1 contract
Samples: Lease (LTX Corp)
Landlord’s Right to Enter. Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice (which shall be prior written notice except in the event of a circumstance which Landlord in good faith believes to be an emergency) and subject to Tenant’s reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, during the last nine (9) months of the Lease Term or and/or during any period that Tenant is 99090796v.12 in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in this Leasedefault, tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant’s obligations when Tenant has failed to do so after the expiration of any applicable notice and cure period expressly set forth in this Leaseso. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant’s reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall also have the right, upon reasonable advance written notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekends. Any entry into the Leased Premises or the Common Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct all of Landlord’s activities on agrees to exercise the Leased Premises during such period of entry foregoing rights in a manner designed to cause minimal attempt to minimize unreasonable interference to Tenant and with Tenant’s use and occupancy of the Leased Premises.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Guardant Health, Inc.)
Landlord’s Right to Enter. Landlord reserves for itself and its agents shall have agents, employees and independent contractors the right to enter the Leased Premises during normal business hours after giving Tenant at all reasonable notice times (which shall be prior written notice except in upon reasonable telephonic notice) to inspect the event of a circumstance which Landlord in good faith believes Premises, to supply any service to be an emergency) and subject provided by Landlord to Tenant’s reasonable security measures for Tenant hereunder, to show the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or, or (during the last nine twelve (912) months of the Lease Term or during any period that only) tenants, to post notices of nonresponsibility, to determine whether Tenant is in monetary or material non-monetary default beyond the applicable cure period, if any, expressly set forth in complying with its obligations under this Lease, tenants; (iii) and to alter, improve or repair the Premises or any other portion of the Building. Landlord's right to enter the Premises shall include the right to grant access to the Premises to governmental or utility employees. Landlord may erect use and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises or any other portion of the Building where reasonably required by the character of the work to be performed in making necessary alterationsrepairs or improvements, additions or repairs; provided that the entrance to the Premises shall not be blocked thereby, and (iv) performing any that there is no unreasonable interference with the business of Tenant’s obligations when Tenant has failed to do so after . In the expiration event of any applicable notice and cure period expressly set forth in this Lease. an emergency Landlord shall have the right to enter the Leased Premises during normal business hours (at any time without notice. Except for losses attributable to the gross negligence or as otherwise agreed)wilful misconduct of Landlord or Landlord's employees, subject agents or contractors, Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s reasonable security measures's business, for purposes any loss of supplying occupancy or quiet enjoyment of the Premises, any maintenance right to abatement or services agreed to be supplied Rent or Additional Charges, or any other loss occasioned by Landlord. Landlord shall have the right to enter the Common Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Common Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least ten (10) days’ prior written notice 's exercise of any work to be performed on the Leased Premises, as well as notice within one (1) day after the commencement of such work); and (iii) supplying any services to be provided by Landlord. Landlord shall also have the right, upon reasonable advance notice to Tenant, to access the Building’s vertical risers and the interstitial space above Tenant’s acoustical ceiling to connect new utility and communications lines from other floors to the base Building utility lines; all of such work shall be done after hours or on weekendsits rights under this Article 23. Any entry into to the Leased Premises or the Common Areas portions thereof obtained by Landlord in accordance with this paragraph Article 23 shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive constructive, of Tenant from the Leased Premises or any portion thereof. Landlord shall conduct perform all of Landlord’s activities on the Leased Premises during such period of entry work pursuant to this Section as quickly as is reasonably possible and in a manner designed to cause minimal as little interference to Tenant and with Tenant’s 's use of the Leased PremisesPremises as is reasonably possible; provided, however, that Landlord shall not be obligated to perform work during other than normal business hours. Tenant waives all rights to consequential damages (including without limitation damages for lost profits and lost opportunities) arising in connection with Landlord's exercise of its right under this Section.
Appears in 1 contract
Samples: Omm Inc
