Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 5 contracts
Samples: Assignment and Assumption of Lease (Wornick CO Right Away Division, L.P.), Assignment and Assumption of Lease (TWC Holding Corp.), Zars Inc/Ut
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s 's intention to reoccupy the Premises.
Appears in 4 contracts
Samples: Build a Bear Workshop Inc, Vascular Solutions Inc, Build a Bear Workshop Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 3 contracts
Samples: NANOPHASE TECHNOLOGIES Corp, CompoSecure, Inc., Spectranetics Corp
Landlord’s Rights. In the event of Tenant’s material default under this Lease, Landlord may terminate Tenant’s right to possess the Premises by any lawful means. Following delivery of written notice by Landlord, Agent this Lease shall terminate on the date specified in such notice and their respective agentsTenant shall immediately surrender possession of the Premises to Landlord. In addition, employees and representatives whether or not this Lease is terminated, Landlord shall have the right to immediately re-enter and/or pass through the Premises, and if Landlord’s right of re-entry is exercised following Tenant’s abandonment of the Premises, all of Tenant’s Property left on the Premises at any time or times upon reasonable prior notice (except in the event Project shall be deemed abandoned. If Landlord relets the Premises or any portion thereof, Tenant shall immediately be liable to Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker’s commissions, expenses of emergency): (a) to examine cleaning, redecorating, and inspect further improving the Premises and other similar costs (collectively, the “Reletting Costs”). All Reletting Costs shall be fully chargeable to show them Tenant and shall not be prorated or otherwise amortized in relation to actual and prospective lenders, prospective purchasers or mortgagees of any new lease for the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all Premises or any portion thereof. Reletting may be for a period shorter or longer than the remaining term of either this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. No act by Landlord other than giving written notice to Tenant shall terminate this Lease or both Tenant’s right to possess the Premises, including without limitation, acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord’s initiative to protect Landlord’s interest under this Lease. At all times Landlord shall have the right to remedy any default of Tenant, to maintain or improve the Premises, to cause a receiver to be appointed to administer the Premises and the Property, any new or the Property’s facilities existing subleases and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior add to the Expiration Date (or Rent payable hereunder all of Landlord’s reasonable costs in so doing, with interest at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit maximum rate permitted by law from the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance date of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisessuch expenditure.
Appears in 3 contracts
Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc), Lease Agreement (Gsi Group Inc)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (bb ) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises.
Appears in 3 contracts
Samples: Wentworth Ii Inc, Natural Golf Corp, Natural Golf Corp
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right If Tenant desires to enter and/or pass through sublease any portion of the Premises at any time or times upon reasonable prior notice assign this Lease, Tenant shall submit to Landlord (except a) in writing, the name of the proposed subtenant or assignee, the nature of the proposed subtenant’s or assignee’s business and, in the event of emergency): (a) to examine and inspect a sublease, the portion of the Premises and which Tenant desires to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and sublease (b) to make a current balance sheet and income statement for such repairsproposed subtenant or assignee, alterations, additions and improvements in or to all or any portion of either or both (c) a copy of the Premises proposed form of sublease or assignment, and (d) such other information as Landlord may reasonably request (collectively, the Property“Required Information”). Landlord shall, within ten (10) business days after Landlord’s receipt of the Required Information, deliver to Tenant a written notice (a “Landlord Response”) in which Landlord either (i) consents to the proposed sublease or assignment, or (ii) withholds its consent to the Propertyproposed sublease or assignment, which consent shall not be unreasonably withheld so long as Tenant is not in default hereunder and Landlord has received all Required Information. The reason for which Landlord shall be deemed to have reasonably withheld its consent to any sublease or assignment, includes, but is not limited to: (i) Landlord’s facilities and equipment as good faith determination (in its sole discretion) that such subtenant or assignee is not of the character or quality of a tenant to whom Landlord would generally lease space in the Building, (ii) such sublease or assignment conflicts in any manner with this Lease, including, but not limited to, the Permitted Use or Section 4.1 hereof, (iii) the proposed subtenant or assignee is a governmental entity, a school, a training facility, a medical related use or a telemarketing operation, (iv) the proposed subtenant’s or assignee’s primary business is prohibited by an non-compete clause then affecting the Building, (v) if Landlord has available space for the proposed assignee or subtenant, the proposed subtenant or assignee is a tenant of the Building or Landlord is required negotiating with the proposed subtenant or desires assignee to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use become a tenant of the Premises. During Building, (vi) such subtenant or assignee shall not meet the period creditworthiness standards applied by Landlord generally in the selection of six months prior to tenants for the Expiration Date Building (or at any time, if but taking into consideration the fact that Tenant has vacated or abandoned the Premises or is otherwise in default remains liable under this Lease), . In lieu of consenting to any such proposed sublease or assignment (and without regard to whether Landlord’s action is “reasonable” or “unreasonable”) Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect right, within ten (10) business days after Landlord’s receipt of the Required Information to (1) suspend this Lease as to the Premisesspace so affected as of the date and for the duration of the proposed sublease or assignment, exercisable without whereupon Tenant shall be relieved of all obligations hereunder as to such space during such suspension, but after such suspension, Tenant shall once again become liable hereunder as to the relevant space or, (2) if the proposed assignment or sublease is for the remainder of the term of this Lease, terminate this Lease as to the space so affected as of the date so specified by Tenant in its notice to TenantLandlord, without liability in which event Tenant shall be relieved of any and all further obligations hereunder as to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisessuch space.
Appears in 2 contracts
Samples: Office Lease (Elevate Credit, Inc.), Office Lease (Elevate Credit, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice no less than 24 hours notice, which may be telephonic (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.. – 13 –
Appears in 2 contracts
Samples: ArcherDX, Inc., ArcherDX, Inc.
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises. Landlord shall use its diligent, good faith efforts not to unreasonably interfere with Tenant’s use and occupancy of the Premises in connection with the exercise by Landlord of its rights under this Section 16. Notwithstanding anything to the contrary contained herein, if in the exercise of Landlord’s rights pursuant to the terms of this Section 16, Tenant’s use of the Premises is interrupted and if any such interruption persists for a period in excess of seventy-two (72) consecutive hours, Tenant shall, as Tenant’s sole remedy, be entitled to a proportionate abatement of Rent to the extent, if any, of any actual loss of use of the Premises by Tenant.
Appears in 2 contracts
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right If Tenant desires to enter and/or pass through sublease any portion of the Premises at any time or times upon reasonable prior notice assign this Lease, Tenant shall submit to Landlord (except a) in writing, the name of the proposed subtenant or assignee, the nature of the proposed subtenant’s or assignee’s business and, in the event of emergency): (a) to examine and inspect a sublease, the portion of the Premises and which Tenant desires to show them to actual and prospective lenderssublease, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make a current balance sheet and income statement for such repairsproposed assignee (but not any subtenant), alterations, additions and improvements in or to all or any portion of either or both (c) a copy of the Premises proposed form of sublease or assignment, and (d) such other information as Landlord may reasonably request (collectively, the Property“Required Information”). Landlord shall, within seven (7) business days after Xxxxxxxx’s receipt of the Required Information, deliver to Tenant a written notice (a “Landlord Response”) in which Landlord either (i) consents to the proposed sublease or assignment, or (ii) withholds its consent to the Propertyproposed sublease or assignment, which consent shall not be unreasonably withheld, conditioned or delayed so long as Tenant is not in Default hereunder and Xxxxxxxx has received all Required Information. In the event Landlord fails to provide a Landlord Response within such seven (7) business day period as to a proposed sublease, Landlord shall be deemed to have consented to the proposed sublease, or Landlord fails to provide a Landlord Response within fourteen (14) business days as to a proposed assignment, Landlord shall be deemed to have consented to the proposed assignment. The reason for which Landlord shall be deemed to have reasonably withheld its consent to any sublease or assignment includes but is not limited to (i) Landlord’s facilities and equipment as determination (in its sole but reasonable discretion) that such subtenant or assignee is not of the character or quality of a tenant to whom Landlord would generally lease space in the Building, (ii) such sublease or assignment conflicts in any manner with this Lease, including, but not limited to, the Permitted Use or Section 4.1 hereof, (iii) the proposed subtenant or assignee is required a governmental entity, a school, a training facility, a medical related use or desires to makea telemarketing operation, (iv) the proposed subtenant’s or assignee’s primary business is prohibited by an non-compete clause then affecting the Building, or (v) such assignee shall not meet the creditworthiness standards applied by Landlord generally in the selection of tenants for the Building (but taking into consideration the fact that Tenant remains liable under this Lease). Landlord and Agent may not consider the following factors in determining whether to consent to an assignment or sublease are: (1) the rental rate or amount to be paid by the assignee or the sublessee (provided that any lower rate or amount than set forth in this Lease shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of not reduce Tenant’s covenants and rental obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit (2) the Premises to prospective tenants. Additionallyamount or location of space being subleased, Landlord and Agent shall have (3) whether Tenant is utilizing the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance services of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; a broker and (iii4) to decoratewhether the proposed assignee or sublessee is a tenant or prospective tenant in another building owned by Landlord or an affiliate of Landlord, remodelin whole or in part, repair, alter directly or otherwise prepare indirectly (including through the Premises for reoccupancy at any time after Tenant vacates ownership of equity interests or abandons interest convertible into equity interests) by the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy in the PremisesDallas/Fort Worth area.
Appears in 2 contracts
Samples: Office Lease (Alkami Technology, Inc.), Office Lease (Alkami Technology, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right If Tenant desires to enter and/or pass through sublease any portion of the Premises at any time or times upon reasonable prior notice assign this Lease to a party which is not an Affiliate, Tenant shall submit to Landlord (except a) in writing, the name of the proposed subtenant or assignee, the nature of the proposed subtenant’s or assignee’s business and, in the event of emergency): (a) to examine and inspect a sublease, the portion of the Premises and which Tenant desires to show them to actual and prospective lenderssublease, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) a current balance sheet and income statement for such proposed subtenant or assignee, (c) a copy of the proposed form of sublease or assignment, and (d) such other information as Landlord may reasonably request (collectively, the “Required Information”). Landlord shall, within fifteen (15) business days after Landlord’s receipt of the Required Information, deliver to make Tenant a written notice (a “Landlord Response”) in which Landlord either (i) consents to the proposed sublease or assignment, or (ii) withholds its consent to the proposed sublease or assignment, which consent shall not be unreasonably withheld, conditioned or delayed so long as Tenant is not in default beyond any applicable cure period hereunder and Landlord has received all Required Information. The reasons for which Landlord shall be deemed to have reasonably withheld its consent to any sublease or assignment include but are not limited to (i) Landlord’s determination (in its sole discretion) that such repairssubtenant or assignee is not of the character or quality of a tenant to whom Landlord would generally lease space in the Building, alterations(ii) such sublease or assignment conflicts in any manner with this Lease, additions including, but not limited to, the Permitted Use or Section 4.1 hereof, (in) the proposed subtenant or assignee is a governmental entity, a school, a training facility, a provider of medical services or a telemarketing operation, (iv) the proposed subtenant’s or assignee’s primary business is prohibited by an non-compete clause then affecting the Building, (v) the proposed subtenant or assignee is a tenant of the Building or Landlord is currently negotiating with the proposed subtenant or assignee to become a tenant of the Building, or (vi) such subtenant or assignee does not meet the creditworthiness standards applied by Landlord generally in the selection of tenants for the Building (but taking into consideration the fact that Tenant remains liable under this Lease). In lieu of consenting to any such proposed sublease or assignment (and without regard to whether Landlord’s action is “reasonable” or “unreasonable”) Landlord shall have the right, within fifteen (15) business days after Landlord’s receipt of the Required Information to (1) suspend this Lease as to the space so affected as of the date on which the assignment or sublease was to be effective and for the duration of the proposed sublease or assignment, whereupon Tenant shall be relieved of all obligations hereunder as to such space during such suspension, but after such suspension, Tenant shall once again become liable hereunder as to the relevant space or, (2) if the proposed assignment or sublease is for the remainder of the term of this Lease, terminate this Lease as to the space so affected as of the date so specified by Tenant in its notice to Landlord, in which event Tenant shall be relieved of any and all further obligations hereunder as to such space. In the event Landlord consents to any sublease or assignment by Tenant, Landlord shall be entitled to fifty percent (50%) of the net profits, if any (after deducting all out-of-pocket subleasing costs including the unamortized cost of any tenant improvements paid by Tenant in connection with the subleasing or to assignment), from any subleasing of all or any portion of either or both of the Premises and the PropertyPremises, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take assignment of all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter an entity or otherwise prepare the Premises for reoccupancy at any time after person other than an Affiliate. Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One
Appears in 2 contracts
Samples: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right If Tenant desires to enter and/or pass through sublease any portion of the Premises at any time or times upon reasonable prior notice assign this Lease, Tenant shall submit to Landlord (except a) in writing, the name of the proposed subtenant or assignee, the nature of the proposed subtenant's or assignee's business and, in the event of emergency): (a) to examine and inspect a sublease, the portion of the Premises and which Tenant desires to show them to actual and prospective lenderssublease, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make a current balance sheet and income statement for such repairsproposed subtenant or assignee, alterations, additions and improvements in or to all or any portion of either or both (c) a copy of the Premises assignment, and (d) such other information as Landlord may reasonably request (collectively, the Property"Required Information"). Landlord shall, within thirty (30) days after Xxxxxxxx's receipt of the Required Information, deliver to Tenant a written notice (a "Landlord Response") in which Landlord either (i) consents to the proposed sublease or assignment, or (ii) withholds its consent to the Propertyproposed sublease or assignment, which consent shall not be unreasonably withheld so long as Tenant is not in default hereunder and Xxxxxxxx has received all Required Information. The reason for which Landlord shall be deemed to have reasonably withheld its consent to any sublease or assignment includes but is not limited to (i) Landlord’s facilities and equipment as determination (in its sole discretion) that such subtenant or assignee is not of the character or quality of a tenant to whom Landlord would generally lease space in the Building, (ii) the proposed subtenant’s or assignee’s primary business is prohibited by an non-compete clause then affecting the Building, (iii) the proposed subtenant or assignee is a tenant of the Building, or Landlord is required negotiating with the proposed subtenant or desires assignee to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use become a tenant of the Premises. During Building, or (iv) such subtenant or assignee does not meet the period creditworthiness standards applied by Landlord generally in the selection of six months prior to tenants for the Expiration Date Building (or at any time, if Tenant has vacated or abandoned but taking into consideration the Premises or is otherwise in default fact that Xxxxxx remains liable under this Lease), . In lieu of consenting to any such proposed sublease or assignment (and without regard to whether Landlord's action is "reasonable" or "unreasonable") Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect right, within thirty (30) days after Xxxxxxxx's receipt of the Required Information to, if the proposed assignment or sublease is for the remainder of the term of this Lease, terminate this Lease as to the Premises, exercisable without space so affected as of the date so specified by Tenant in its notice to TenantLandlord, without liability in which event Tenant shall be relieved of any and all further obligations hereunder as to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisessuch space.
Appears in 2 contracts
Samples: Master Lease Agreement, Master Lease Agreement
Landlord’s Rights. Landlord, Agent and their respective its agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make, except that Landlord may not make alterations within the Premises (which are not otherwise required to enable Landlord to comply with its obligations under this Lease) without the consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord and Agent will repair any damage to the Premises or any property therein caused by or resulting from Landlord’s entry into the Premises. Landlord shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenantstenants upon reasonable notice to Tenant. AdditionallyFurther, Landlord and Agent shall have the following rights right to access the Premises on a daily basis with respect a tugger and/or forklift to use the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession trash dumpsters located in Building 4 of the Premises or giving rise Property at reasonable times to any claim for setoff or abatement of Rent: (i) be mutually agreed to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to between the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.parties. INDUSTRIAL BUILDING LEASE - Page 12
Appears in 2 contracts
Samples: Gordmans Stores, Inc., Gordmans Stores, Inc.
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to 22.1 Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice (except as expressly provided to Tenant, without liability to Tenantthe contrary), and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff set-off or abatement of Rent: (i1) To change the name or street address of the Building or the Complex upon 30 days' prior written notice to Tenant; (2) To designate and and/or approve, install, affix and maintain all signs, including Tenant plaques, logos and graphics, on the exterior and/or interior of the Building and in and about the Complex; (3) To designate and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the exterior of the Premises; (ii4) To display the Premises to prospective tenants at reasonable hours; (5) To change the arrangement of entrances, doors, corridors, elevators and stairs in the Building; (6) To grant to any party the exclusive right to conduct any business or render any service in or to the Building; (7) To prohibit the placing of vending or dispensing machines of-any kind in or about the Premises; (8) To have access for Landlord and other tenants of the Building to any mail chutes and boxes located in or on the Premises according to the rules of the United States Post Office; (9) To close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such regulations as Landlord prescribes for security purposes; (10) To take any and all reasonable measures, including inspections and repairs to the Premises or to the Building, as may be necessary or desirable in the operation or protection thereof; (11) To retain at all times master keys or pass keys, access cards, or both, keys to the Premises; (12) To install, operate and maintain security systems which monitor and identify, by closed circuit television or otherwise, all persons entering and leaving the Building or the Complex; (13) To install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building or any other property; (14) To reasonably alter, amend and change the rules and regulations for protection of the health, safety and welfare of persons or property; and (iii15) to decorate, remodel, repair, alter or otherwise prepare To enter the Premises for reoccupancy at any time after all reasonable times following notice of such desired entry to Tenant vacates or abandons provided that Tenant shall make available to Landlord a designated individual within the Premises for more than 30 consecutive days to accompany Landlord in such instance to examine the Premises and to show such to prospective purchasers, mortgagees, lessees, or without notice tenants of Landlord, or to public officials lawfully having an interest therein. In the event Tenant fails to make available to Landlord an individual to accompany Landlord in any particular instance, Landlord shall not be required to be accompanied by a tenant designee; and Landlord shall further not be required to give notice of Tenant’s intention any such entry in the case of emergency as reasonably determined by Landlord. Said enumerated rights are in addition to reoccupy all other rights of Landlord afforded under law and the Premisesterms of this Lease.
Appears in 2 contracts
Samples: Lease (Williams Communications Group Inc), Lease (Williams Communications Group Inc)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of Tenant Initial__________ Landlord Initial__________ either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. If Tenant shall not be personally present to permit an entry into Premises when for any reason an entry therein shall be permissible, Landlord may enter the same by a master key or by the use of force without rendering Landlord liable therefore and without in any manner affecting Tenant's obligations under this Lease. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, Tenant without liability to TenantTenant (EXCEPT TO THE EXTENT OF ANY NEGLIGENCE ON THE PART OF LANDLORD OR ITS AGENTS OR EMPLOYEES), and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises; PROVIDING TENANT IS IN DEFAULT HEREUNDER, and (iv) to install "For Lease" signs in or upon the Premises for more than 30 consecutive beginning one hundred eighty (180) days prior to the end of the Term. Landlord shall have no obligation to provide any security service or without notice alarms to Landlord of Tenant’s intention to reoccupy the Property or the Premises; any such security service or alarms deemed necessary by the Tenant shall be purchased directly by Tenant.
Appears in 2 contracts
Samples: Asset Acceptance Capital Corp, Asset Acceptance Capital Corp
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect exercisable in Landlord’s reasonable judgment and without notice (except as expressly provided to the Premises, exercisable without notice to Tenant, without liability to Tenant, contrary) and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff set-off or abatement of Rent: (i1) to change the name or street address of the Building or the Complex, upon thirty (30) days’ prior written notice to Tenant; (2) to install, affix and maintain all signs on the exterior and/or interior of the Building and in and about the Complex; (3) to designate and approve, and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the exterior of the Premises; (ii4) to display the Premises to prospective tenants at reasonable hours during the last twelve (12) months of the Term; (5) to change the arrangement of entrances, doors, corridors, elevators and stairs in the Building and Common Areas, provided that no such change (unless required by law) shall materially adversely affect access to the Premises or the Tenant’s Parking Spaces unless Landlord first seeks Tenant’s prior written consent, which consent shall not be unreasonably withheld; (6) to grant to any party the exclusive right to conduct any lawful business or render any lawful service in or to the Building or Complex, provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted hereunder; (7) to prohibit the placing of vending or dispensing machines of any kind in or about the Premises other than for use by Tenant’s employees; (8) to have access for Landlord and other tenants of the Building to any mail chutes and boxes located in or on the Premises according to the rules of the United States Post Office; (9) to close the Building or Complex after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times under such reasonable regulations as Landlord prescribes for security purposes; (10) to take any and all reasonable measures including inspections and repairs to the Premises or other portions of the Complex, as may be necessary or desirable in the operation or protection thereof; (11) to retain at all times master keys or pass keys, access cards, or both, keys to the Premises; (12) to install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering and leaving the Building or the Complex; and (iii13) to decorateinstall and maintain pipes, remodelducts, repairconduits, alter or otherwise prepare wires and structural elements located in the Premises for reoccupancy at any time after Tenant vacates which serve other parts or abandons other tenants of the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the PremisesBuilding.
Appears in 2 contracts
Samples: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): ), subject to Tenant's security rules: (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months 180 days prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants, subject to Tenant's security rules. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the PremisesPremises subject to Tenant's security rules; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s 's intention to reoccupy the Premises.
Appears in 2 contracts
Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times times, during normal business hours, upon reasonable prior oral notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property Premises or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairsthe foregoing, alterations, additions to install a sign at or improvements, without any liability on the Premises to Tenant and without any reduction advertise the Premises for lease or modification of Tenant’s covenants and obligations hereundersale; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During during the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Landlord hereby agrees that it shall coordinate any such inspection or showing of the Premises with Tenant, so that a representative of Tenant may be present. Landlord agrees that access to Tenant’s “clean rooms” or other secure areas may be limited (except in the event of emergency) and Landlord agrees that it shall not unreasonably interfere with the operation of Tenant’s business at the Premises. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 2 contracts
Samples: Lease Agreement, Dendreon Corp
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): ) (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and and/or in or to the Property, Property or the Property’s its facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s Xxxxxx's business operations and Tenant’s Xxxxxx's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premisesexercisable, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants and erect a "For Lease" sign thereon.
Appears in 1 contract
Samples: Acceptance Agreement (Datalink Corp)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees If a Casualty damages a material portion of the Property or providers of capital to Landlord and its affiliates; Building and (b1) Landlord estimates that the damage to make such repairsthe Building cannot be repaired within the Repair Period, alterations, additions and improvements in or (2) the damage to all or any portion of either or both the Building exceeds 50% of the Premises replacement cost thereof (excluding foundations and footings), as reasonably estimated by Landlord (and confirmed by a duly qualified and licensed general contractor or duly qualified appraiser), and such damage occurs during the Property, or last two years of the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunderTerm; provided, however, that Landlord shall use reasonable efforts may not terminate this Lease pursuant to limit interference with this clause (2) if (i) Tenant has any remaining option to extend the Lease Term, and (ii) within thirty (30) days after the date Tenant receives from Landlord written notification terminating this Lease pursuant to the provisions of this clause (2), Tenant delivers to Landlord written notice exercising such extension option (“Tenant’s business operations and Termination Override”) at 100% of Fair Market Rent to be determined within 15 days after the later of receipt of Tenant’s occupancy and use of Termination Override or the Premises. During the period of six date that is twelve (12) months prior to the Expiration Date expiration of the 120th month of the initial Term or the expiration of the First Extension Period, as applicable (or at and for purposes of this Section 16(c), it is understood that Tenant may exercise such extension option earlier than the times set forth in Exhibit I), (3) adequate insurance proceeds (excluding the amount of any time, if Tenant has vacated or abandoned insurance deductibles then carried by Landlord) are not for any reason (other than Landlord’s failure to carry the Premises or insurance policies it is otherwise in default required to carry under this Lease), including a decision made by any Landlord’s Mortgagee, available to Landlord from Landlord’s insurance policies to cover the cost of the required repairs, and Tenant does not agree to fund such excess deficiency within fifteen (15) days after its agents may exhibit receipt of a written termination notice from Landlord, or (4) the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect damage to the PremisesBuilding exceeds 66% of the replacement cost thereof (excluding foundations and footings) and Landlord makes a good faith determination that restoring the Building would be uneconomical and such damage occurs during the last five years of the Term, exercisable without then Landlord may terminate this Lease by giving written notice of its election to terminate within 30 days after the Damage Notice has been delivered to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Landlord’s Rights. (a) Tenant shall permit Landlord and its Agents to enter the Premises at all reasonable times following reasonable notice (except in an emergency) to inspect, perform any work to Maintain, or make alterations to the Premises (other than alterations for subsequent tenants) or Property, to exhibit the Premises for the purpose of sale or financing, and, during the last twelve (12) months of the Term and any renewal thereof, to exhibit the Premises to any prospective tenant. Landlord will make reasonable efforts not to inconvenience Tenant or interfere with Tenant’s business operations therein, in exercising its rights under this Section 14, but Landlord shall not be liable for any interference with Tenant’s occupancy resulting from Landlord’s entry. Tenant will provide Landlord or its designees free and unfettered access to any mechanical or utility rooms, conduits, risers or the like located within the Premises. Landlord, Agent its lender, and their respective agentsany authorized representative or similar party, employees and representatives any prospective tenant, shall have the right to enter and/or pass through the Premises at any time or reasonable times and upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect perform inspections, surveys, measurements or such other reasonable activities as may be necessary to prepare the Premises and to show them to actual and prospective lendersfor occupancy by the succeeding tenant. Tenant will have no claims, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification including claims for interruption of Tenant’s covenants business, or cause of action against Landlord by reason of entry for such purposes. Notwithstanding the foregoing, except in an emergency, neither Landlord nor its lender, authorized representative or similar party shall enter any “clean space” or R&D space within the Premises without Tenant’s prior consent, which consent shall not be unreasonably withheld or delayed, and obligations hereunder; only then accompanied by a Tenant representative at all times, provided, however, that Landlord shall use reasonable efforts not be required to limit interference with reschedule any such scheduled entry if Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any representative becomes unavailable during such time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Lease Agreement (Ocugen, Inc.)
Landlord’s Rights. If (i) an Event of Default occurs and is continuing, or (ii) Tenant fails to vacate the Premises and surrender possession thereof in accordance with the terms of this Lease upon the Expiration Date, then Landlord may apply the whole or any part of the Cash Security Deposit or present the Letter of Credit for payment and apply the proceeds thereof, as the case may be, (i) to the payment of any Rental that then remains unpaid, or (ii) to any damages to which Landlord is entitled hereunder and that Landlord incurs by reason of such Event of Default or Tenant’s aforesaid failure to vacate the Premises or surrender possession thereof in accordance with the terms of this Lease upon the Expiration Date. If Landlord so applies any part of the Cash Security Deposit or the proceeds of the Letter of Credit, as the case may be, then Tenant, upon demand, shall deposit with Landlord the cash amount so applied or a replacement Letter of Credit so that Landlord has the full amount of the required security at all times during the Term. If (x) Tenant deposits the Letter of Credit with Landlord as provided in Section 23.1 hereof, and (y) at any time the Bank Rating of the issuer of the Letter of Credit is less than “AA” (or, if Standard & Poor’s hereafter ceases the publication of ratings for banks, the Bank Rating of the issuer of the Letter of Credit is less than a rating of a reputable rating agency as reasonably designated by Landlord that most closely approximates a Standard & Poor’s rating of “AA” as of the date hereof), then Tenant shall deliver to Landlord a replacement Letter of Credit, issued by a bank that has a Bank Rating that satisfies the aforesaid requirement (and otherwise meets the requirements set forth in Section 23.1 hereof) within fifteen (15) days after the date that Landlord gives Tenant notice of such deficiency in such issuer’s rating. If Tenant fails to deliver to Landlord such replacement Letter of Credit within such period of fifteen (15) days, then Landlord, Agent and their respective agentsin addition to Landlord’s other rights at law, employees and representatives in equity or as otherwise set forth herein, shall have the right to enter and/or pass through present the Premises at any time or times upon reasonable prior notice (except Letter of Credit for payment and retain the proceeds thereof as security in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees lieu of the Property or providers Letter of capital to Landlord and its affiliates; and Credit (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, it being agreed that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following right to use, apply and transfer such proceeds in the manner described in this Article 23). Tenant shall reimburse Landlord for any reasonable costs that Landlord incurs in so presenting the Letter of Credit for payment within thirty (30) days after Landlord submits to Tenant an invoice therefor. Tenant shall not assign or encumber or attempt to assign or encumber the Cash Security Deposit Nothing contained in this Section 23.2 limits Landlord’s rights with respect to the Premisesor remedies in equity, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cardsat law, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or as otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisesset forth herein.
Appears in 1 contract
Samples: Lease (FriendFinder Networks Inc.)
Landlord’s Rights. Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises, so long as Tenant's use, layout or design of the Premises is not materially affected or altered. Upon not less than 24 hours prior notice, Landlord or Landlord, Agent and their respective agents, employees and representatives 's agents shall have the right to enter and/or pass through upon the Premises at any time or times upon reasonable prior notice under the supervision/accompaniment of an approved Tenant employee (except in the event of emergency): (a) an emergency when only such notice as Landlord is able to examine provide under the circumstances shall be required), to inspect the Premises, to perform janitorial and inspect other services, to conduct safety and other testing in the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, improvements or additions and improvements in to the Premises or to all the Building or any portion of either or both other parts of the Premises and the Property, or the Property’s facilities and equipment Property as Landlord is required may deem necessary or desires to make. Landlord desirable in its good faith business judgment (including all alterations, improvements and Agent shall be allowed to take all materials into and upon the Premises that may be required additions in connection with any repairs, alterations, additions a change in service provider or improvements, without any liability to Tenant providers). Janitorial and without any reduction cleaning services shall be performed after normal business hours. Any entry or modification of work by Landlord shall be during normal business hours (except otherwise approved by Landlord and Tenant’s covenants ) and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference ensure that any entry or work shall not materially interfere with Tenant’s business operations and Tenant’s 's use or occupancy and use of the Premises. During Upon not less than 24 hours prior notice, (except in the period event of six months prior an emergency when only such notice as Landlord is able to provide under the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Leasecircumstances shall be required), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare enter the Premises for reoccupancy at the purpose of conducting such inspections, tests and studies as Landlord may deem desirable or reasonably necessary to confirm Tenant's compliance with all Laws and Environmental Laws or for other purposes necessary in Landlord's reasonable judgment to ensure the sound condition of the Property and the systems serving the Property. Landlord's rights under this Section are for Landlord's own protection only, and Landlord has not, and shall not be deemed to have assumed, any time after responsibility to Tenant vacates or abandons any other party as a result of the Premises exercise or non-exercise of such rights, for more than 30 consecutive days compliance with Laws or without notice to Landlord Environmental Laws or for the accuracy or sufficiency of Tenant’s intention to reoccupy any item or the Premisesquality or suitability of any item for its intended use.
Appears in 1 contract
Samples: Biotime Inc
Landlord’s Rights. Landlord, Agent Landlord and their its respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior oral notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six twelve (12) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after during the last ninety (90) days of the Term, if, during or prior to that time, Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises. 17.
Appears in 1 contract
Samples: Classica Group Inc
Landlord’s Rights. Landlord, Agent The Tenant shall permit the Landlord any superior landlord and their respective agents, employees persons authorised by any of them to exercise any right excepted and representatives shall have reserved by the Second Schedule and in addition the right to enter and/or pass through the Premises at any time or all reasonable times upon reasonable after not less than two days’ prior notice in writing (except in emergency) with tools and equipment (if appropriate): to inspect, test, maintain, decorate, cleanse, repair, alter, improve, develop, renew or rebuild any other part of the event Building, any adjoining land or premises and any Service Media serving the Building or adjoining land or premises (or permit the same) where such inspection or works would not otherwise be reasonably practicable; construct new Conduits and to connect into, disconnect or remove existing or new Service Media from time to time within the Building in each case for the purpose of emergency): (a) providing services to examine and the Building or adjoining land or premises; carry out repairs or maintenance to the Premises or comply with any statutory or common law obligation with respect to the Building or its use; to inspect the Premises or to view their state and condition or to make surveys or to show the Premises to prospective tenants or purchasers of for any other reasonable purpose under the Lease; to execute works following the Tenant’s failure to comply with a notice served under Clause 7.5 (without prejudice to any other remedy available to the Landlord) and also pursuant to Clause 12.6; to take schedules or inventories; and to show them inspect or execute works of repair maintenance decoration construction alteration improvement or otherwise to actual other property the person entering causing as little damage and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital disturbance as is reasonably practicable and making good as soon as practicable any physical damage to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants fixtures and obligations hereunder; provided, however, that Landlord shall use reasonable efforts fittings therein so caused to limit interference with the Tenant’s business operations and Tenant’s occupancy and use of reasonable satisfaction. The Tenant will permit the Premises. During the period of six months prior affixation to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession suitable parts of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate reletting notices during the six months preceding the Determination Of The Term and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, notices relating to the Premises; and (iii) to decorate, remodel, repair, alter disposal or otherwise prepare the Premises for reoccupancy acquisition of any reversionary interest at any time after Tenant vacates PROVIDED ALWAYS that such notice shall not obstruct or abandons materially interfere with the Premises for more than 30 consecutive days access of light to the windows or without notice to Landlord of Tenant’s intention to reoccupy obstruct or materially interfere with signs on the Premises.
Appears in 1 contract
Samples: kingsbury-consultants.co.uk
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice during Tenant’s normal business hours (except in the event of emergency): ) upon reasonable prior notice, which shall not be less than 24 hours (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make; provided, however, Landlord shall give Tenant a minimum of five (5) days prior notice (except in the event of emergency) before performing any work described in the proceeding subclause (b). Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid unreasonable interference with Tenant’s business operations and Tenant’s occupancy and use of the PremisesPremises . During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises, which pass keys and access cards will only be used during normal business hours or in the case of an emergency; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises.
Appears in 1 contract
Samples: Magnetek, Inc.
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises.
Appears in 1 contract
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have In the right to enter and/or pass through event the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lendersBuilding, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord, then Landlord shall rebuild, repair and restore the damaged portion thereof, provided that (i) the amount of either insurance proceeds available to Landlord equals or both exceeds the cost of such rebuilding, restoration and repair, (ii) such rebuilding, restoration and repair can be completed within one hundred eighty (180) days after the work commences in the opinion of a registered architect or engineer appointed by Landlord, (iii) the damage or destruction has occurred more than twelve (12) months before the expiration of the Premises Term and the Property(iv) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the Property’s facilities and equipment as Landlord is required or desires damaged portion thereof to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months substantially its condition immediately prior to the Expiration Date (damage or at destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any timeindebtedness secured by, if Tenant has vacated a mortgage or abandoned deed of trust encumbering the Premises or is otherwise in default under Building, such proceeds, for the purposes of this Lease)subsection, shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect no obligation to the Premisesrepair any damage to, exercisable without notice or to Tenantreplace any of, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use personal property, furnishings, trade fixtures, equipment or possession other such property or effects of Tenant unless the same is due to Landlord’s negligence or intentional misconduct. In the event the Premises or giving rise the Building, or any portion thereof, is damaged or destroyed by any casualty to any claim for setoff the extent that Landlord is not obligated, under the preceding paragraph, to rebuild, repair or abatement restore the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of Rent: its election, at its option, to either (i) to designate rebuild, restore and approverepair the damaged portions thereof, prior to installation, all types of signsin which case Landlord’s notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within sixty (60) days after the damage or destruction occurs of its election to rebuild or restore and repair the damaged portions thereof, Landlord shall be deemed to have pass keys, access cards, or both, elected to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisesterminate this Lease.
Appears in 1 contract
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make, subject to the provisions herein. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months one year prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to reasonably designate and approve, prior to installation, all types of signs; and (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.,
Appears in 1 contract
Samples: Datalink Corp
Landlord’s Rights. Upon reasonable prior notice to Tenant (which may be delivered telephonically) and as long as Landlord does not unreasonably interfere with Tenant's operations, Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (aemergency for which no reasonable prior notice is required) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property Premises or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairsthe foregoing, alterations, additions to install a sign at or improvements, without any liability on the Premises to Tenant and without any reduction advertise the Premises for lease or modification of Tenant’s covenants and obligations hereundersale; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During during the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s 's intention to reoccupy the Premises.
Appears in 1 contract
Samples: Advanced Lighting Technologies Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable its best efforts to limit avoid interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. If Tenant shall not be personally present to permit an entry into Premises when for any reason an entry therein shall be permissible, Landlord may enter the same by a master key or by the use of force without rendering Landlord liable therefore and without in any manner affecting Tenant’s obligations under this Lease. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable exercisable, without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises; and (iv) to install “For lease” signs in or upon the Premises beginning one hundred eighty (180) days prior to the end of the Term. Landlord shall have no obligation to provide any security service or alarms to the Property or the Premises; any such security service or alarms deemed necessary by the Tenant shall be purchased directly by Tenant.
Appears in 1 contract
Samples: Digital Lightwave Inc
Landlord’s Rights. If (a) an Event of Default occurs and is continuing, (b) an Insolvency Event occurs, or (c) Tenant fails to vacate the Premises and surrender possession thereof in accordance with the terms of this Lease upon the Expiration Date, then Landlord may present the Letter of Credit for payment and apply the proceeds thereof (i) to the payment of any Rental that then remains unpaid, or (ii) to any damages to which Landlord is entitled hereunder and that Landlord incurs by reason of such Event of Default or such Insolvency Event or Tenant's aforesaid failure to vacate the Premises or surrender possession thereof in accordance with the terms of this Lease upon the Expiration Date. If Landlord so applies any part of the proceeds of the Letter of Credit, then Tenant, within ten (10) Business Days following demand, shall provide Landlord with a replacement Letter of Credit so that Landlord has the full amount of the required security at all times during the Term. If at any time the issuer of the Letter of Credit does not meet the Bank Requirements (it being understood that if Standard & Poor's hereafter ceases the publication of ratings for banks, the parties, in determining whether the issuer of the Letter of Credit meets the Bank Requirements, shall substitute for the rating of Standard & Poor's a rating of a reputable rating agency as reasonably designated by Landlord that most closely approximates a Standard & Poor's rating of "AA" as of the date hereof), then Tenant shall deliver to Landlord a replacement Letter of Credit, issued by a bank that satisfies the Bank Requirements (and otherwise meets the requirements set forth in Section 26.1 hereof) within fifteen (15) days after the date that Landlord 139 gives Tenant notice of such issuer's failure to satisfy the Bank Requirements. If Tenant fails to deliver to Landlord such replacement Letter of Credit within such period of fifteen (15) days, then Landlord, Agent and their respective agentsin addition to Landlord's other rights at law, employees and representatives in equity or as otherwise set forth herein, shall have the right to enter and/or pass through present the Premises at any time or times upon reasonable prior notice (except Letter of Credit for payment and retain the proceeds thereof as security in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees lieu of the Property or providers Letter of capital to Landlord and its affiliates; and Credit (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, it being agreed that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following right to use, apply and transfer such proceeds in the manner described in this Article 26). Tenant shall reimburse Landlord for any Out-of-Pocket Costs that Landlord incurs in so presenting the Letter of Credit for payment within thirty (30) days after Landlord submits to Tenant an invoice therefor. Nothing contained in this Section 26.2 limits Landlord's rights with respect to the Premisesor remedies in equity, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cardsat law, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or as otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisesset forth herein.
Appears in 1 contract
Samples: Lease (Clear Secure, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any reasonable time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make, and Landlord shall use commercially reasonable efforts to avoid interference with Tenant’s use, including performing repairs during non-business hours where reasonable without incurring additional expense. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the PremisesPremises for use in emergency situations; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Makemusic Inc
Landlord’s Rights. Subject to compliance with the confidentiality requirements set forth in Section 24.13 and the reasonable facility access rules and procedures of Tenant, Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice, with any such notice being no less than one working day in any case (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord ; and Agent shall be allowed (c) to take all materials into and upon the Premises that may be required in connection with perform, at Tenant’s expense, any repairs, alterationsmaintenance and replacements that Tenant is obligated to make under the express terms of this Lease, additions or improvementsbut which Tenant fails to make, without any liability which failure by Tenant becomes a Default hereunder (subject to Tenant applicable notice and without any reduction or modification cure periods, except in the event of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premisesan emergency). During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenantstenants subject to the aforesaid requirements. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisesand is in Default under this Lease.
Appears in 1 contract
Landlord’s Rights. If a Casualty damages the Premises or a material portion of the Building and: (i) Landlord reasonably estimates that the damage to the Premises cannot be repaired within the Repair Period; or (ii) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord (a “Material Casualty Event”), then (A) Landlord shall deliver Notice to Tenant setting forth in reasonable detail the basis for Landlord’s determination of such Material Casualty Event and Tenant may, Agent by delivery of Notice to Landlord with thirty (30) days after Tenant’s receipt of Notice of a Material Casualty Event, elect to undertake the repair of such Casualty damage and their respective agents, employees and representatives shall have the right to enter and/or pass through restore the Premises at any time Tenant’s cost and expense; provided that Landlord shall reimburse Tenant an amount equal to the insurance proceeds actually received by Landlord in respect of such Casualty damage (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both restoration of the Premises and the Property(B) if Tenant does not elect to repair such Casualty damage pursuant to clause (A), or the Property’s facilities and equipment as Landlord is required or desires may terminate this Lease by giving Notice of its election to make. Landlord and Agent shall be allowed terminate within thirty (30) days after delivery of Notice of such termination to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, provided that Landlord shall use reasonable efforts may not exercise the foregoing termination rights as a means to limit interference with Tenantsubterfuge Landlord’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default obligations under this Lease). Notwithstanding the foregoing, if the Premises are wholly or partially damaged or destroyed within the final six (6) months of the then applicable Term, and Tenant has not exercised Tenant’s Renewal Option, Landlord and may, at its agents may exhibit option, elect to terminate this Lease upon Notice given to Tenant within thirty (30) days following such Casualty (which termination shall be effective thirty (30) days after the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance giving of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisessuch Notice).
Appears in 1 contract
Samples: Lease Agreement (Quidel Corp /De/)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Argyle Security, Inc.
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): ) (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and and/or in or to the Property, Property or the Property’s its facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premisesexercisable, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants and erect a "For Lease" sign thereon.
Appears in 1 contract
Samples: Acceptance Agreement (Datalink Corp)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property Premises or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s its facilities and equipment as Landlord is required or desires to make. Unless an emergency, a representative of Tenant shall accompany Landlord and other parties entering or passing through the Premises. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with the General Maintenance Services and any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or if an Event of Default is otherwise in default continuing under this Lease), Landlord and its agents may exhibit the Premises to prospective tenantstenants and erect a "For Lease" sign thereon. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after during the last ninety (90) days of the Term, provided that, during or prior to that time, Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy shall have vacated the Premises, and provided further that such shall be at Landlord's sole cost and liability.
Appears in 1 contract
Samples: Eyetech Pharmaceuticals Inc
Landlord’s Rights. Landlord, Agent Landlord and their its respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior oral notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, tenant's (but only during the last nine months of the lease term, or at any time that Tenant is in default hereunder beyond applicable notice and cure periods) prospective purchasers or mortgagees of the Property or providers of capital to Page 22 Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s Xxxxxx's business operations and Tenant’s Xxxxxx's occupancy and use of the Premises. During the period of six twelve months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, both to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after during the last ninety days of the Term, if, during or prior to that time, Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises. 17.
Appears in 1 contract
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable not less than twenty-four (24) hours’ prior notice to Tenant (except or without notice in case of an emergency) and/or to undertake the event following activities all without abatement of emergency): (a) rent or liability to examine and Tenant: inspect the Premises and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to show them the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant's use of the parking area and/or access to actual the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and prospective lenders, prospective purchasers or mortgagees of other facilities at the Property or providers the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land and/or the Property so long as Tenant’s use of capital the parking area and/or access to Landlord the Premises are not materially and its affiliatesadversely affected; grant easements, rights of way, utility raceways and make dedications; dedicate for public use portions of the Land and/or the Property so long as Tenant’s use of the parking area and/or access to the Premises are not materially and adversely affected; and (b) record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land and/or the Property and/or amendments to make such repairs, alterations, additions and improvements in or to all or any portion of either or both existing CC&Rs which do not unreasonably interfere with Tenant's use of the Premises and or impose additional material monetary obligations on Tenant; change the name of the Building and/or the Property; affix reasonable signs and displays on the Building and/or the Land (including rental signs); and, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon show the Premises that to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or following any Event of Default), prospective tenants. If reasonably necessary, Landlord may be required in connection with any temporarily close all or a portion of the Premises to perform repairs, alterationsalterations and additions. However, additions except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after normal business hours. Entry by Landlord shall not constitute a constructive eviction or improvements, without any liability entitle Tenant to Tenant and without any an abatement or reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Rent. Landlord shall use commercially reasonable efforts to limit minimize any interference with Tenant’s business operations in the Premises and shall comply with Tenant’s occupancy reasonable security protocols during and use in connection with any such entry, provided that Landlord receives notice of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisessuch security protocols.
Appears in 1 contract
Samples: Single Tenant Industrial Triple Net Lease (Velo3D, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable not less than 24 hours prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises); and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: M Wave Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable 48 hour prior written notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Landlord shall use Landlord’s good faith best efforts to minimize any disruption to Tenant’s use of the Premises in connection with any such entry. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy re-occupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Water Now, Inc.
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice (except as expressly provided to Tenant, without liability to Tenant, the contrary in this Lease) and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff set-off or abatement of Rent: (i1) Subject to Paragraph 34, to change the name or street address of the Building; provided, that unless a street address change is required by law, Landlord shall not change the street address of the Building without giving Tenant at least 90 days' prior written notice thereof (or alternatively, agree to reimburse Tenant for reasonable costs to replace stationery and other business materials of Tenant which are then in stock and contain the address of the Building; (2) Subject to Paragraph 34, to install, affix and maintain all signs on the exterior of the Building, the interior of the Building and/or on Lot 3 in the Naperville Corporate Center Subdivision in Naperville, Illinois; (3) To designate and approve, and/or approve (which approval shall not be unreasonably withheld or delayed) prior to installation, all types of signs, window shades, blinds, drapes or other similar items, and all internal lighting that may be visible from the exterior of the Premises; (ii4) To display the Premises (excluding Tenant's security areas) to prospective tenants at reasonable hours upon prior reasonable notice during the last 24 months of the Term; provided, that Tenant may, at it's election, appoint a representative to accompany Landlord during any such display; (5) Subject to the other provisions of this Lease, to change the arrangement, size, configuration and/or decoration of entrances, exits, doors, closets, atriums, storage areas, corridors, boiler rooms, mechanical rooms, elevators, washrooms, hallways, lobbies, trash and rubbish areas and stairs in or about the Building and to change the arrangement, size and/or configuration of the parking areas, driveways, entrances, exits and all other areas on Lot 3 in the Naperville Corporate Center Subdivision in Naperville Illinois. provided that no such change shall materially adversely affect access to the Premises and further provided that no such changes shall be made to the Premises except as required by law; (6) To grant to any party the exclusive right to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted hereunder or obligate Tenant to deal with or obtain services from such party instead of other parties; (7) To have access for Landlord and other tenants of the Building to any mail xxxxxxx and boxes located in or on the Premises according to the rules of the United States Post Office; (8) To close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission to the Building at all times under such reasonable regulations as Landlord prescribes; (9) Subject to Paragraph 18(9) hereof, to retain at all times master keys or pass keys, access cards, or both, keys to the Premises; (10) To install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering and leaving the Building; and (iii11) To take any and all reasonable measures, including inspections and repairs to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons to the Building as may be necessary or desirable in the operation or protection thereof and to install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; provided, however, that in the exercise of any such right, Landlord agrees to give Tenant prior reasonable notice thereof (except in case of emergencies) and shall exercise such right in such manner as will not unreasonably interfere with Tenant's business operations, and if any such action reduces space available for more than 30 consecutive days or without notice to Landlord Tenant's exclusive use, the area of Tenant’s intention to reoccupy the PremisesPremises shall be appropriately changed for all purposes of this Lease.
Appears in 1 contract
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice to Tenant (except or without notice in case of an emergency) and/or to undertake the event following all without abatement of emergency): (a) rent or liability to examine and Tenant: inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant's use of the parking area and/or access to the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Common Area or the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land, the Property or providers and/or the Project; grant easements, rights of capital to Landlord way, utility raceways and its affiliatesmake dedications; dedicate for public use portions of the Land, the Property and/or the Project; and (b) record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land, the Property and/or the Project and/or amendments to make such repairs, alterations, additions and improvements in or to all or any portion of either or both existing CC&Rs which do not unreasonably interfere with Tenant's use of the Premises and or impose additional material monetary obligations on Tenant; change the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use name of the Premises. During Building, the period of six months prior to Property and/or the Expiration Date Project; affix reasonable signs and displays on the Building and/or the Land (or at any timeincluding rental signs); and, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit show the Premises to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or following any Event of Default), prospective tenants. AdditionallyIf reasonably necessary, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction may temporarily close all or disturbance of Tenant’s use or possession a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after normal business hours. Entry by Landlord shall not constitute a constructive eviction or giving rise entitle Tenant to any claim for setoff an abatement or abatement reduction of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises..
Appears in 1 contract
Samples: Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): , in which event no notice shall be required) (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and and/or in or to the Property, Property or the Property’s its facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. Additionally, Landlord and Agent shall have the following rights exercisable on reasonable notice to Tenant (except in, the event of emergency in which event no notice shall be required), without liability to Tenant, and without being deemed an eviction or disturbance of Tenant's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to have pass keys, access cards, or both, to the Premises; and (ii) to decorate, remodel, repair, alter or otherwise prepare the Premises for re-occupancy at any time after Tenant vacates or abandons the Premises for more than thirty (30) consecutive days or with, no intention of reoccupying the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord tenants and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premiseserect a "For Lease" sign thereon.
Appears in 1 contract
Landlord’s Rights. If a Casualty damages the Building 1 Premises and/or the Building 2 Premises, as applicable, or a material portion of a Building (in which Tenant is leasing space) and (1) Landlord reasonably estimates that the damage to the Building 1 Premises and/or the Building 2 Premises; as applicable, cannot be repaired within the Repair Period, (2) the damage to the Building 1 Premises and/or the Building 2 Premises, as applicable, exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as reasonably estimated by Landlord, Agent and their respective agents, employees and representatives shall have such damage occurs during the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees last two years of the Property or providers of capital to Landlord and its affiliates; and Term, (b3) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both regardless of the extent of damage to the Building 1 Premises and and/or the PropertyBuilding 2 Premises, as applicable, the damage is not fully covered by Landlord's insurance policies (or by the Property’s facilities and equipment as insurance Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior maintain pursuant to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under provisions of this Lease), without regard to any deductible, or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord's Mortgagee, then, for items (1) and its agents may exhibit the Premises to prospective tenants. Additionally(2) only, Landlord and Agent shall have the following rights may terminate this Lease with respect to the Building 1 Premises and/or the Building 2 Premises, exercisable without as applicable, by giving written notice of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant, without liability and, for items (3) and (4) only, Landlord or Tenant may terminate this Lease with respect to the Building 22 1 Premises and/or the Building 2 Premises, as applicable, by giving written notice of its election to terminate within thirty (30) days after the Damage Notice has been delivered to Tenant. Notwithstanding the foregoing termss of this Section 15(c), if Tenant timely terminates this Lease pursuant to the terms of part (3) or (4) of the preceding sentence, but Landlord, within thirty (30) days after Tenant's written notice of termination, provides reasonable evidence of capital or funds necessary (along with any applicable insurance proceeds) to repair or restore the Premises (or applicable part thereof), then Tenant's notice to terminate this Lease will be void and of no further force and effect and this Lease will continue in full force and effect as if it was not terminated. If Tenant has the right to terminate this Lease pursuant to part (3) or (4) of the fIrst sentence of this Section 15(c) but does not exercise such termination right within such thirty (30) day period after delivery of the Damage Notice, then Tenant's right to terminate shall automatically expire and be of no further force or effect. If pursuant to this Section 15(c) Landlord or Tenant shall terminate with respect to either Building 1 or Building 2, Tenant shall have the option to terminate for the other Building, which option shall be exercised within thirty (30) days following receipt of Landlord's notice of termination, and without being deemed an eviction if Tenant fails to exercise such right within such thirty (30) day period, such termination right shall automatically lapse and be of no further force or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: effect. (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.d)
Appears in 1 contract
Samples: HTM Lease Agreement
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; : and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; : provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. If Tenant shall not be personally present to permit an entry into Premises when for any reason an entry therein shall be permissible. Landlord may enter the same by a master key or by the use of force without rendering Landlord liable therefore and without in any manner affecting Tenant’s obligations under this Lease. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises; and (iv) to install “For Lease” signs in or upon the Premises beginning one hundred eighty (180) days prior to the end of the Term. Landlord shall have no obligation to provide any security service or alarms to the Property or the Premises; any such security service or alarms deemed necessary by the Tenant shall be purchased directly by Tenant.
Appears in 1 contract
Samples: Sed International Holdings Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable prior advance notice to Tenant of no less than two (2) business days (or without notice in case of an emergency) and provided that Landlord shall use best efforts not nor materially or adversely impact Tenant’s business and operation to undertake the following all without abatement of rent or liability to Tenant, except as provided in the event of emergency): (a) to examine and this Lease: inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant's use of the parking area and/or access to the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Common Area or the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land, the Property or providers and/or the Project; grant easements, rights of capital way, utility raceways and make dedications; dedicate for public use portions of the Land, the Property and/or the Project not materially and adversely impact Tenant's access to Landlord and its affiliatesthe Premises; and (b) record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land, the Property and/or the Project and/or amendments to make such repairs, alterations, additions and improvements in or to all or any portion of either or both existing CC&Rs which do not unreasonably interfere with Tenant's use of the Premises or impose additional material monetary obligations on Tenant; change the name of the Building, the Property and/or the Project; affix reasonable signs and displays on the PropertyBuilding and/or the Land (including rental signs); and, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon show the Premises that to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or following any Event of Default), prospective tenants. If reasonably necessary, Landlord may be required in connection with any temporarily close all or a portion of the Premises to perform repairs, alterations, additions or improvements, without any liability to Tenant alterations and without any reduction or modification of Tenant’s covenants and obligations hereunderadditions; provided, however, that except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after EXECUTION COPY normal business hours. Notwithstanding the foregoing, in the event of any repair or alteration to the Premises by Landlord allowed in this Section 14, Landlord will, other than in an emergency, provide Tenant with thirty (30) days’ notice of such repair, maintenance or alteration to allow Tenant to mitigate and reduce any operational impact on its business. Entry by Landlord shall use reasonable efforts not constitute a constructive eviction or entitle Tenant to limit interference with Tenant’s business operations and Tenant’s occupancy and use an abatement or reduction of the Premises. During the period of six months prior to the Expiration Date (or at any timeRent, if Tenant has vacated or abandoned the Premises or is otherwise except as provided in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Pfsweb Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice to Tenant (or without notice in case of an emergency) and/or to undertake the following all without abatement of rent or liability to Tenant (except as expressly provided below): inspect the Premises and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant’s use of the parking area and/or access to the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Common Area or the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land, the Property and/or the Project; grant easements, rights of way, utility raceways and make dedications; dedicate for public use portions of the Land, the Property and/or the Project (excluding the Building unless otherwise required by Applicable Law); and record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land, the Property and/or the Project and/or amendments to existing CC&Rs which do not unreasonably interfere with Tenant’s use of the Premises or impose additional material monetary obligations on Tenant; change the name of the Property and/or the Project; affix reasonable signs and displays (including rental signs) on the Land (but not the Building unless required by Applicable Law), but subject to Tenant’s signage rights under this Lease; and, show the Premises to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or during the continuance of any Event of Default), prospective tenants. If reasonably necessary and using commercially reasonable efforts to minimize interference to Tenant’s use of the Premises, Landlord may temporarily close all or a portion of the Premises to perform repairs, replacements, alterations and additions. Landlord shall in all events use commercially reasonable efforts to minimize interference to Tenant’s use of the Premises while performing repairs, replacements, alterations and additions, and any such repairs, replacements, alterations and additions shall not materially interfere with Tenant’s use of the Premises once completed. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after normal business hours. Except as specifically provided otherwise in this Section 14, entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. However, if Landlord temporarily closes the Premises as provided above for a period in excess of five (5) consecutive business days due to an event or condition that (a) does not result from a casualty, a Taking, or any negligence, willful misconduct or breach of this Lease of or by Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, managers, members, principals, partners, officers, directors, employees, agents, contractors, licensees or invitees, and (b) results in Tenant ceasing to do business in all or a portion of the Premises, then as Tenant’s sole remedy, Tenant shall be entitled to receive a per diem abatement of Base Rent during the period beginning on the sixth (6th) consecutive business day of closure and ending on the date on which such closure ends, but only in proportion to the percentage of the rentable square footage of the Premises made untenantable or inaccessible and not occupied by Tenant. Landlord acknowledges and agrees that Tenant may designate certain areas of the Premises as “Secured Areas” should Tenant require such areas for the purpose of securing certain valuable operations, confidential information or for other purposes related to Tenant’s operational standards (such as maintaining “clean rooms” or similar areas which are subject to restricted access for purposes of maintaining cleanliness or preventing contamination), security and/or safety. Except in the case of emergency, in the event of emergency): a Landlord inspection or to perform Landlord’s other obligations hereunder, Landlord may not enter such Secured Areas unless it provides Tenant with two (a2) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees days’ prior notice of the Property or providers specific date and time of capital to such Landlord inspection (and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to Landlord will comply with all or any portion reasonable protocols of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required Tenant in connection with any repairssuch entry) and Tenant shall be responsible for all damages resulting from Landlord’s delayed and/or reduced access to such areas as determined by Landlord in its sole, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenantabsolute, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisesunfettered discretion.
Appears in 1 contract
Samples: Single Tenant Industrial Triple Net Lease (GenMark Diagnostics, Inc.)
Landlord’s Rights. Provided that they do not disturb or otherwise disrupt or interfere with Tenant’s operation of its business, Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times during normal business hours upon reasonable one (1) business day’s prior written notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Mq Associates Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice (except as expressly provided to Tenantthe contrary, without liability to Tenant, in this Lease) and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff set-off or abatement of Rent: (i1) To change the name or street address of the Building; provided, if any such change is voluntarily made by Landlord (as opposed to one required by law) and Landlord does not provide Tenant with at least 90 days prior written notice of such change, then Landlord agrees to reimburse Tenant for the reasonable documented out-of-pocket costs paid by Tenant to reprint Tenant's stationery and other business materials which are then in stock and which are rendered obsolete by reason of such change; (2) To install, affix and maintain all signs on the exterior of the Building, the interior of the Building and/or on Lot 3 of the Resubdivision of Lot 3 in the Naperville Corporate Center Subdivision in Naperville, Illinois; (3) To designate and approve, and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the exterior of the Premises; (ii4) To display the Premises to have pass keysprospective tenants at reasonable hours during the last 12 months of the Term; (5) To change the arrangement,size, configuration and/or decoration of entrances, exits, doors, closets, atriums, storage areas, corridors, boiler rooms, mechanical rooms, elevators, washrooms, hallways, lobbies, trash and rubbish areas and stairs in or about the Building and to change the arrangement, size and/or configuration of the parking areas, driveways, entrances, exits and all other areas on Lot 3 of the Resubdivision of Lot 3 in the Naperville Corporate Center Subdivision in Naperville, Illinois, provided that no such change shall materially adversely affect access cards, or both, to the Premises; and (iii6) to decorateestablish such reasonable and appropriate rules and regulations (in addition to those set forth in the preceding Paragraph 18) as are satisfactory to Landlord for the use by Tenant and its employees, remodelguests and invitees of any of the areas set forth in the preceding clause (5); (7) To grant to any party the exclusive right to conduct any business or render any service in or to the Building, repair, alter or otherwise prepare provided such exclusive right shall not operate to prohibit Tenant from using the Premises for reoccupancy at the purposes permitted hereunder; (8) To prohibit the placing of vending or dispensing machines of any time after Tenant vacates kind in or abandons about the Premises; (9) To have access for Landlord and other tenants of the Building to any mail chutes and boxes located in or on the Premises for more than 30 consecutive days according to the rules of the United States Post Office; (10) To close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission to the Building at all times under such regulations as Landlord prescribes; (11) To take any and all reasonable measures, including inspections and repairs to the Premises or without notice to the Building, as may be necessary or desirable in the operation or protection thereof; (12) To retain at all times master keys or pass keys to the Premises; (13) To install, operate and maintain security systems which monitor, by closed circuit television or otherwise, all persons entering and leaving the Building; (14) To install and maintain pipes, ducts, conduits, wires and structural elements located in the Premises which serve other parts or other tenants of the Building; and (15) To amend this Lease upon the reasonable request of the holder of any mortgage or trust deed now or hereafter existing encumbering the Building to incorporate into this Lease the standard protections required by such holder provided, however, that no such amendment shall operate to increase the Rent owing under this Lease or to materially affect Tenant's rights or obligations under this Lease. Tenant shall sign any such amendment; provided, however, that if Tenant fails to execute and deliver to Landlord any amendment pursuant to this clause (15) within ten (10) days after Landlord delivers a copy thereof to Tenant, Tenant hereby irrevocably and unconditionally designates Landlord as Tenant's agent and attorney-in-fact to execute any such amendment for Tenant. It is hereby expressly agreed that the power of Tenant’s intention attorney hereby granted by Tenant to reoccupy the PremisesLandlord pursuant to this clause (15) is a power coupled with an interest, may not be revoked by Tenant and shall be binding on Tenant and its successors and permitted assigns.
Appears in 1 contract
Samples: Office Lease (Spyglass Inc)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice to Tenant (except or without notice in case of an emergency) and/or to undertake the event following all without abatement of emergency): (a) rent or liability to examine and Tenant: inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant’s use of the parking area and/or access to the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Common Area or the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land, the Property or providers and/or the Project; grant easements, rights of capital to Landlord way, utility raceways and its affiliatesmake dedications; dedicate for public use portions of the Land, the Property and/or the Project; and (b) record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land, the Property and/or the Project and/or amendments to make such repairs, alterations, additions and improvements in or to all or any portion of either or both existing CC&Rs which do not unreasonably interfere with Tenant’s use of the Premises and or impose additional material monetary obligations on Tenant; change the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use name of the Premises. During Building, the period of six months prior to Property and/or the Expiration Date Project; affix reasonable signs and displays on the Building and/or the Land (or at any timeincluding rental signs); and, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit show the Premises to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or while an uncured Event of Default exists), prospective tenants. AdditionallyIf reasonably necessary, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction may temporarily close all or disturbance of Tenant’s use or possession a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after normal business hours. Entry by Landlord shall not constitute a constructive eviction or giving rise entitle Tenant to any claim for setoff an abatement or abatement reduction of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 sixty (60) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Letter (Clearfield, Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, ----------------- employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and and/or in or to the Property, Property or the Property’s its facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenantstenants and whenever possible, Landlord shall make every effort to provide Tenant at least 24 hours prior notice before doing so. Additionally, Landlord and Agent shall have the following rights with respect to the Premisesexercisable, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises.
Appears in 1 contract
Samples: Maxwell Shoe Co Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice (except as expressly provided to Tenantthe contrary in this Lease), without liability to TenantTenant for damage or injury to persons, property or business and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (iI) To change the Building's name or Street address upon thirty (30) days' prior written notice to Tenant; (ii) To install, affix and maintain all signs on the exterior and/or interior of the Building, provided, such signs are designed and displayed in good taste and consistent with the first class character of the Building. (iii) To designate and approve, and/or approve prior to installation, all types of signs, window shades, blinds, drapes, awnings or other similar items, and all internal lighting that may be visible from the exterior of the Premises or the public corridors of the Building; (iiiv) To display the Premises to prospective tenants at reasonable hours during the last eighteen (18) months of the Term, (v) Subject to the consent of Tenant required under Section 11.03 hereunder as to the premises and ground floor of the Building. To change the arrangement of entrances, doors, corridors, elevators and stairs in the Building, provided that no such change will materially adversely affect access to the Premises (vi) To grant to any party the exclusive right (to the extent permitted by law) to conduct any business or render any service in or to the Building, provided such exclusive right shall not operate to prohibit Tenant from using the Premises for the purposes permitted hereunder; (vii) To prohibit the placing of vending or dispensing machines of any kind in or about the Premises; (viii) To have access for Landlord and other tenants of the Building to any mail chutes and boxes located in or on the Premises according to the rules of the United States Post Office; (ix) To close the Building after normal business hours, except that Tenant and its employees and invitees shall be entitled to admission at all times, under such regulations as Landlord prescribes for security purposes; (x) To take any and all reasonable measures, including inspections and repairs to the Premises or to the Building, as may be necessary or desirable in the operation or protection thereof; (xi) To retain at all times master keys or pass keys, access cards, or both, keys to all doors in and to the Premises; (xii) To install, operate and maintain a building security system which monitors, by closed circuit television or otherwise, all persons entering and leaving the Building and all public areas of the Building including, but not limited to, elevators and staircases; and (iiixiii) to decorateTo install and maintain pipes, remodelducts, repairconduits, alter or otherwise prepare wires and structural elements located in the Premises for reoccupancy at any time after Tenant vacates or abandons which serve other parts of the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the PremisesBuilding.
Appears in 1 contract
Samples: Office Lease (Ismie Holdings Inc)
Landlord’s Rights. Section 10.01 See Addendum (a) Tenant shall not, either voluntarily or by operation of law, assign, sell, encumber, pledge, grant any profit or other interest in or otherwise transfer all or any part of Tenant's leasehold estate hereunder, or permit the Premises to be occupied by anyone other than Tenant or Tenant's employees or sublet, license or grant concessions with respect to the Premises or any portion thereof, without Landlord's prior written consent in each instance, which consent may be given or withheld by Landlord in its sole and absolute discretion for any reason deemed sufficient by Landlord and without reference to any standard of reasonableness. Such consent and other matters related to any assignment or subletting shall be in accordance with the provisions of subsections (b) through (i) below. Consent by Landlord to one or more assignments of this lease, to one or more sublettings of the Premises or to any other event requiring the consent of Landlord shall not operate to exhaust Landlord's rights under this Section. The voluntary or other surrender of this lease by Tenant or a mutual cancellation hereof shall not work a merger, and shall, at the option of Landlord, Agent terminate all or any existing subleases or subtenancies or shall, at Landlord's option, operate as an assignment to Landlord of such subleases or subtenancies. If Tenant is a corporation whose capital stock is not traded on a national securities exchange, or is an unincorporated association or partnership, the transfer, assignment, hypothecation or new issuance of any stock or interest in such corporation, association or partnership in the aggregate in excess of twenty-five percent (25%) of the total outstanding prior to such event shall be deemed an assignment within the meaning and their respective agentsprovisions of this Article. In connection with any request for Xxxxxxxx's consent pursuant to this Section, employees Tenant shall pay to Landlord the sum of (i) One Thousand Five Hundred Dollars ($1,500.00) plus (ii) all attorneys' fees and representatives other out-of-pocket costs incurred by Landlord in responding to such request. Tenant shall have deposit with Landlord the right sum of Two Thousand Five Hundred Dollars ($2,500.00) concurrently with Tenant's delivery of the information required under subsection (b) below, and Landlord's obligation to enter and/or pass through respond to such request shall not commence unless and until Landlord shall also receive said deposit. One Thousand Five Hundred Dollars ($1,500.00) of such deposit shall be non- refundable; Landlord may use or apply the Premises $1,000.00 balance of such deposit against actual out-of-pocket costs and expenses, including actual attorneys' fees and costs, incurred by Landlord in processing and documenting such request or against any other amounts owed by Tenant to Landlord at the conclusion of such request, and the balance, if any, of such $1,000.00 shall be returned to Tenant. Landlord shall not be required to keep this deposit separate from its general funds and Tenant shall not be entitled to interest on the deposit. In the event that actual costs and expenses incurred by Landlord in responding to Xxxxxx's request exceed $1,000.00, Tenant shall pay such excess amount to Landlord within ten (10) days after Landlord's demand therefor. Any such excess shall be deemed additional rent pursuant to this lease, and may be recovered in any unlawful detainer or other action instituted by Landlord upon any default by Tenant as rent, whether or not included in any notice given to Tenant by Landlord prior to or as a condition to the institution of such action. (b) If Tenant desires at any time to assign this lease or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect sublet the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion thereof or to engage in any other transaction described in subsection (a), it shall first notify Landlord in writing of either its desire to do so and shall submit in writing to Landlord (i) the name of the proposed subtenant or both assignee; (ii) the nature of the proposed subtenant's or assignee's business to be carried on in the Premises and the Property, tradename under which the proposed subtenant or the Property’s facilities and equipment as Landlord is required or desires assignee proposes to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required operate in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) the terms and provisions of the proposed sublease or assignment and the proposed effective date thereof, including a copy of any agreement, escrow instructions or other document which contains or memorializes such terms and provisions, and the information required by subsection (e) below; and (iv) such reasonable financial information as Landlord may request concerning the proposed subtenant or assignee, including but not limited to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.a
Appears in 1 contract
Samples: St John Knits Inc
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 sixty (60) consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises. 17.
Appears in 1 contract
Samples: www.sec.gov
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and and/or in or to the Property, Property or the Property’s its facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with TenantXxxxxx’s business operations and TenantXxxxxx’s occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premisesexercisable, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises. Landlord shall have no obligation to provide any security service or alarms to the Property or the Premises; any such security service or alarms deemed necessary by the Tenant shall be purchased directly by Tenant.
Appears in 1 contract
Samples: Lease
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice to Tenant (except or without notice in case of an emergency) and/or to undertake the event following all without abatement of emergency): (a) rent or liability to examine and Tenant: inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant's use of the parking area and/or access to the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Common Area or the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land, the Property or providers and/or the Project; grant easements, rights of capital to Landlord way, utility raceways and its affiliatesmake dedications; dedicate for public use portions of the Land, the Property and/or the Project; and (b) record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land, the Property and/or the Project and/or amendments to make such repairs, alterations, additions and improvements in or to all or any portion of either or both existing CC&Rs which do not unreasonably interfere with Tenant's use of the Premises and or impose additional material monetary obligations on Tenant; change the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use name of the Premises. During Building, the period of six months prior to Property and/or the Expiration Date Project; affix reasonable signs and displays on the Building and/or the Land (or at any timeincluding rental signs); and, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit show the Premises to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or following any Event of Default), prospective tenants. AdditionallyIf reasonably necessary, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction may temporarily close all or disturbance of Tenant’s use or possession a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after normal business hours. Entry by Landlord shall not constitute a constructive eviction or giving rise entitle Tenant to any claim for setoff an abatement or abatement reduction of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have Landlord reserves the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice to Tenant (or without notice in case of an emergency) and/or to undertake the following all without abatement of rent or liability to Tenant (provided that Landlord shall use commercially reasonable efforts to minimize any disruptions to Tenant’s business operations): inspect the Premises and/or the performance by Tenant of the terms and conditions hereof; make such alterations, repairs, improvements or additions to the Premises as required or permitted hereunder; change boundary lines of the Land so long as such change does not materially and adversely impact Tenant's use of the parking area and/or access to the Premises; install, use, maintain, repair, alter, relocate or replace any pipes, ducts, conduits, wires, equipment and other facilities in the Common Area or the Building; install, maintain and operate conduit cabling within the utility and/or conduit ducts and risers within the Building, as well as grant lease, license or use rights to third parties, to utilize the foregoing easements or licenses on the Land, the Property and/or the Project; grant easements, rights of way, utility raceways and make dedications; dedicate for public use portions of the Land, the Property and/or the Project; and record parcel maps, restrictions, covenants, conditions and restrictions affecting the Land, the Property and/or the Project and/or amendments to existing covenants or easements affecting the Property which do not unreasonably interfere with Tenant's use of the Premises or impose additional material monetary obligations on Tenant; change the name of the Building, the Property and/or the Project; affix reasonable signs and displays on the Building and/or the Land (including rental signs); and, show the Premises to prospective purchasers, current or prospective investors, Mortgagees, ground lessees or insurers, or, during the last twelve (12) months of the Term (or following any Event of Default), prospective tenants. If reasonably necessary, Landlord may temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after normal business hours. Entry by Landlord shall not constitute a constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding anything to the contrary in this Lease, except in the event of an emergency): , neither Landlord nor any Landlord’s agents, employees or contractors shall access the labs or clean rooms within the Premises (collectively, the “Labs”) without being accompanied by a representative of Tenant; provided however, that Tenant shall (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees provide Landlord with prior written notice of the Property or providers location of capital to Landlord and its affiliates; such Labs, and (b) make a representative of Tenant available to Landlord during regular business hours within twenty-four (24) hours after written request therefor (and in the event that Tenant fails to make such repairsrepresentative available within such 24-hour period, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed permitted to take all materials into and upon access the Premises that may be required in connection with any repairs, alterations, additions or improvements, Labs without any liability to Tenant and without any reduction or modification the presence of a representative of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Multi Tenant Industrial Triple Net Lease (Miromatrix Medical Inc.)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have In the right to enter and/or pass through event the Premises at or the Building, or any time portion thereof, is damaged or times upon reasonable prior destroyed by any casualty, then Landlord shall rebuild, repair and restore the damaged portion thereof (the “Restoration”), provided that Landlord shall be entitled to terminate this Lease by written notice to Tenant within sixty (except in 60) days after the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees date of the Property or providers casualty if any one of capital the following applies: (i) the amount of insurance proceeds available to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both the amount of the Premises insurance deductible is less than the cost of such rebuilding, restoration and repair, (ii) such rebuilding, restoration and repair cannot reasonably be completed within one hundred eighty (180) days after the Propertywork commences in the opinion of a registered architect or engineer appointed by Landlord, (iii) the damage or destruction has occurred within twelve (12) months before the expiration of the Term (and Tenant does not elect to exercise any then applicable renewal option within thirty (30) days after Tenant’s receipt of Landlord’s termination notice), or (iv) such rebuilding, restoration, or repair is not then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the Property’s facilities and equipment as Landlord is required or desires damaged portion thereof to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months substantially its condition immediately prior to the Expiration Date (damage or at destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any timeindebtedness secured by, if Tenant has vacated a mortgage or abandoned deed of trust encumbering the Premises or is otherwise in default under Building, such proceeds, for the purposes of this Lease)subsection, shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect no obligation to the Premisesrepair any damage to, exercisable without or to replace any of, Tenant’s personal property, furnishings, trade fixtures, equipment or other such property or effects of Tenant. If Landlord does not timely deliver such termination notice to Tenant, without liability Landlord shall not thereafter be entitled to Tenant, terminate this Lease pursuant to this Section 11(A) and without being deemed an eviction or disturbance of Tenant’s use or possession of shall be obligated to restore the damage to the Building and the Premises. In the event the Premises or giving rise the Building, or any portion thereof, is damaged or destroyed by any casualty to any claim for setoff the extent that Landlord is not obligated, under Section 11(A) above, to rebuild, repair or abatement restore the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of Rent: its election, at its option, to either (i) to designate rebuild, restore and approverepair the damaged portions thereof, prior to installation, all types of signsin which case Landlord’s notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within sixty (60) days after the damage or destruction occurs of its election to have pass keysterminate this Lease, access cards, or both, Landlord shall not thereafter be entitled to terminate this Lease pursuant to Section 11(A) and shall be obligated to restore the damage to the Premises; Building and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Lease (Talis Biomedical Corp)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall Landlord will have the right right, but not the obligation, without in any way limiting Landlord’s other rights and remedies under this Lease, after not less than five (5) days notice to enter and/or pass through the Premises at any time or times upon reasonable prior notice Tenant (except in case of emergency or as otherwise required by Environmental Laws), to enter upon the Leased Premises (subject to Section 21 hereof), or to take such other actions as it reasonably determines necessary or advisable, to investigate, clean up, remove or remediate any release of, or contamination by, Hazardous Material present on, in, at, under or emanating from the Leased Premises or the Property in violation of Tenant’s obligations under this Lease with respect to Hazardous Materials or under any laws regulating Hazardous Materials. Landlord will have the right, at its election, in its own name or as Tenant’s agent, to negotiate, defend, approve and appeal, at Tenant’s expense, any action taken or order issued by any governmental agency or authority against Tenant, Landlord, the Leased Premises or the Property relating to the occurrence of any event or existence of emergency): (a) any condition that would constitute a breach of any of Tenant’s obligations with respect to examine and inspect Hazardous Materials set forth in this Section Fifteen. If Landlord determines in good faith that a release or other environmental condition may have occurred in the Leased Premises and to show them to actual and prospective lendersduring the Lease Term, prospective purchasers or mortgagees Landlord may require an environmental audit of the Property Leased Premises (subject to Section 21) by a qualified environmental consultant. If such release or providers environmental condition is caused by or results from Tenant’s breach of capital its obligations under this Section Fifteen, Tenant shall pay for the actual cost of such audit. Tenant will, at it sole cost and expense, take all actions recommended in such audit to Landlord remediate any environmental conditions for which it is responsible under this Lease. Tenant acknowledges receipt of that certain Phase I report entitled, “Phase I Environmental Site Assessment 20 X, X, & X Xxxxx Xxxxxx, 37 Birch Street, Milford, MA”, dated September 8, 2006, and its affiliates; prepared by Rxxxx Associates, Inc., and (b) to make such repairsthat certain environmental report entitled, alterations“DRAFT Limited Subsurface Investigation Report 20 X, additions X, & X Xxxxx Xxxxxx, 37 Birch Street, Milford, MA”, dated September 15, 2006, and improvements prepared by Rxxxx Associates, Inc., in or to all or any portion of either or both each case describing the environmental condition of the Property. Subject to Tenant’s obligations under the Existing Lease, Tenant shall not be liable or responsible for costs and expenses associated with Hazardous Materials which were located upon the Leased Premises and or Property prior to the Property, or the Property’s facilities and equipment as Landlord is required or desires to makeLease Commencement Date. Landlord will indemnify Tenant and Agent shall be allowed to take save it harmless from and against any and all materials into claims, actions, damages, liability and upon the Premises that may be required expense in connection with any repairs, alterations, additions all liability arising under or improvements, without any liability pursuant to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use Chapter 21E of the Premises. During the period of six months prior to the Expiration Date Massachusetts General Laws, only, occasioned wholly or in part (provided if in part, by a third party other than Tenant) by any act or at any timeomission by Landlord, if Tenant has vacated its employees, agents or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premisescontractors.
Appears in 1 contract
Landlord’s Rights. LandlordUpon receipt of the Transfer Notice pursuant to Section 20.2 hereof, Agent and their respective agents, employees and representatives Landlord shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rentto: (i) withhold ------------ its consent to designate and approvesuch Transfer, prior as permitted pursuant to installation, all types of signsSection 20.1 above; (ii) to have pass keys------------ except in the case of a Parking License, access cards, or both, terminate the Lease as it relates to the portion of the Premises described in the Transfer Notice and recapture such portion of the Premises, effective automatically as of the date of dispatch of a notice of termination from Landlord to Tenant, which notice may be sent at any time within thirty (30) days following Landlord's refusal to consent to the Transfer; and (iii) to decorateexcept in the case of a Parking License, remodel, repair, alter or otherwise prepare sublease itself the portion of the Premises Tenant proposes to sublease, or any portion thereof upon the terms and conditions set forth in the proposed sublease (except as set forth below), or upon such other terms and conditions set forth that Landlord may reasonably request; (iv) except in the case of a Parking License, take an assignment of the leasehold estate Tenant proposes to assign or any portion thereof; or (v) except in the case of a Parking License, impose any of the following as conditions to Landlord's consent (a) that the Base Rent be increased to the fair market rental as determined by Landlord, (b) that Landlord may require Tenant to pay to Landlord all consideration paid by the Transferee to Tenant in excess of the Base Rent (for reoccupancy at purposes of this Section "consideration" shall include, without limitation, all monies or other economic consideration of any time after Tenant vacates or abandons kind, if such sums are related to Tenant's interest in this Lease, the Premises or any improvements thereon, including but not limited to, bonus money, and payments (in excess of book value thereof) for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.'s assets, accounts, good will,
Appears in 1 contract
Samples: Colorado Business Bankshares Inc
Landlord’s Rights. LandlordIn the event Tenant fails to perform Tenant's obligations under this Section, Agent Landlord shall give Tenant at least ten (10) days' notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to do the work and their respective agentsdiligently prosecute it to completion, employees and representatives then Landlord shall have the right to enter and/or pass through (but not the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (aobligation) to examine do such acts and inspect expend such funds at the Premises and expense of Tenant as are reasonably required to show them perform such work. Any amount so expended by Landlord, subject to actual and prospective lendersthe limitations set forth in Section 8.1 above, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairsas applicable, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed paid by 9/12/2013 12:02 PM Tenant promptly after demand. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to take all materials into and upon or interference with Tenant's business arising from the Premises that may be required in connection with making of any repairs, alterations, additions or improvementsimprovements in or to any portions of the Premises or in or to fixtures, without any liability appurtenances, and equipment therein. Landlord reserves the right to Tenant enter Tenant's Premises to repair the roof or roof structures or to install electrical, water, drain, sewer, telephone, ventilation, and without any reduction other conduits for the benefit of the Premises or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use other tenants of the Premises. During Repair of the period roof or of six months prior roof structures may require exposing certain areas of the Premises to the Expiration Date (or at any time, if elements. For this purpose Tenant has vacated or abandoned agrees to allow Landlord to occupy the Premises or is otherwise in default under portion thereof for a period not to exceed three (3) days. Tenant agrees to protect Tenant's own possessions during this Lease), Landlord and its agents may exhibit period. Anystructural repairs or capital improvements to the Premises shall be at Landlord's sole cost and expense unless such structural repairs or capital improvements are required as a result of the negligence or willful misconduct of Tenant or any of Tenant's agents, employees, contractors, licensees, affiliates, customers, invitees or other representatives, in which event Tenant shall perform or pay for such repairs or improvements. Tenant acknowledges that the Term constitutes a transition from Tenant's sole use and ownership to prospective tenants. Additionally, Landlord's sole use and ownership and that the parties expressly intend for Landlord and Agent shall is to have the following rights with respect liberal access to the PremisesPremises during the Term, exercisable without provided that some reasonable notice of the time and scope of the access is given to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Super Micro Computer, Inc.)
Landlord’s Rights. LandlordLANDLORD, Agent and their respective agents, ------------------ employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s 's facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s 's intention to reoccupy the Premises.
Appears in 1 contract
Samples: Data Call Technologies
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and and/or in or to the Property, Property or the Property’s its facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s 's covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit avoid interference with Tenant’s 's business operations and Tenant’s 's occupancy and use of the Premises. During the period of six (6) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premisesexercisable, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s 's use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 thirty (30) consecutive days or without notice to Landlord with no intention of Tenant’s intention to reoccupy reoccupying the Premises.
Appears in 1 contract
Samples: Intest Corp
Landlord’s Rights. Without notice to or further assent by Guarantor, Landlord, Agent in its sole and their respective agentsabsolute discretion, employees and representatives shall have the right to enter and/or pass through the Premises may at any time or times it so determines, and upon reasonable prior notice such terms and conditions as it so determines, (except i) extend or modify the time, manner, place or terms of payment or performance of, or otherwise modify, amend, renew, supplement, change or waive the terms and conditions of, any of the Obligations or the Lease, (ii) in the event that any security or collateral at any time secures any of the Obligations, release any of such security or collateral without obtaining other security or collateral in substitution therefor, (iii) in the event of emergency): (a) to examine and inspect any default in the Premises and to show them to actual and prospective lenderspayment, prospective purchasers performance or mortgagees fulfillment of the Property Obligations, sell, assign, transfer and deliver any of such security or providers of capital to Landlord and its affiliates; and (b) to make such repairscollateral at public or private sale, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after or place selected by Landlord, at such prices and upon such terms and conditions, including on credit and/or for future delivery, as it may deem proper, without demand, advertisement or notice of sale to Guarantor, which are hereby waived, and, if such security or collateral as disposed of at private sale, Landlord shall be relieved of any liability or claim for inadequacy of price, and at any sale Landlord may itself purchase the property so sold, free from any right of redemption or subrogation of Guarantor, which is hereby waived and released, and (iv) settle or compromise any of the Obligations with or discharge Tenant vacates and/or any other persons who may at any time be liable thereon, whether or abandons the Premises for more than 30 consecutive days not they are in bankruptcy, receivership, composition, dissolution, liquidation, arrangement, reorganization or without notice to adjustment. Guarantor acknowledges that Guarantor shall remain bound on this Guaranty notwithstanding any act, omission, forbearance, delay, extension, modification, amendment, renewal, supplement, change or waiver by Landlord of Tenant’s intention any nature whatsoever, whether pursuant to reoccupy the Premisesprovisions of this Section or otherwise, relating to any of the Obligations or any security or collateral. Guarantor further acknowledges that none of the Obligations shall be excluded from the coverage of this Guaranty by virtue of being affected by any such act, omission, forbearance, delay, extension, modification, amendment, renewal, supplement, change or waiver.
Appears in 1 contract
Landlord’s Rights. In the event of Tenant's material default under this Lease beyond any applicable cure periods as provided in Section 21 herein, Landlord may terminate Tenant's right to possession of the Premises by any lawful means in which case upon delivery of written notice by Landlord this Lease shall terminate on the date specified by Landlord in such notice and Tenant shall immediately surrender possession of the Premises to Landlord. In addition, Agent and their respective agents, employees and representatives the Landlord shall have the immediate right to enter and/or pass through the Premises at any time of re-entry whether or times upon reasonable prior notice not this Lease is terminated, and if this right of re-entry is exercised following abandonment (except in the event of emergency): (aas statutorily defined) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Propertyby Tenant, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with consider any repairs, alterations, additions or improvements, without any liability personal property belonging to Tenant and without any reduction or modification left on the Premises for a period of Tenant’s covenants and obligations hereundertime exceeding fifteen (15) days to also have been abandoned; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six months prior said fifteen (15) days is not in addition to the Expiration Date (statutorily required time period under applicable law. No re-entry or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or taking possession of the Premises by Landlord pursuant to this Section 22 shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant. If Landlord relets the Premises or giving rise to any claim for setoff or abatement of Rent: portion thereof, (i) Tenant shall be liable immediately to designate Landlord for all costs Landlord incurs in reletting the Premises or any part thereof, including, without limitation, broker's commissions, expenses of cleaning, redecorating, and approvefurther improving the Premises and other similar industry standard costs (collectively, prior to installationthe "Reletting Costs"), all types of signs; and (ii) the rent received by Landlord from such reletting shall be applied to the payment of, first, any indebtedness from Tenant to Landlord other than Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses and Utility Expenses; second, all costs including maintenance, incurred by Landlord in reletting; and, third, Base Rent, Operating Expenses, Tax Expenses, Administrative Expenses, Utility Expenses and all other sums due under this Lease. Any and all of the Reletting Costs shall be fully chargeable to Tenant and shall not be prorated or otherwise amortized in relation to any new lease for the Premises or any portion thereof. After deducting the payments referred to above, any sum remaining from the rental Landlord receives from reletting shall be held by Landlord and applied in payment of future Rent as Rent becomes due under this Lease. In no event shall Tenant be entitled to any excess rent received by Landlord. Reletting may be for a period shorter or longer than the remaining term of this Lease. No act by Landlord other than giving written notice to Tenant shall terminate this Lease. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on Landlord's initiative to protect Landlord's interest under this Lease shall not constitute a termination of Tenant's right to possession. So long as this Lease is not terminated, Landlord shall have pass keys, access cards, or boththe right to remedy any default of Tenant, to maintain or improve the Premises; and (iii) , to decorate, remodel, repair, alter or otherwise prepare cause a receiver to be appointed to administer the Premises for reoccupancy and new or existing subleases and to add to the Rent payable hereunder all of Landlord's reasonable costs in so doing, with interest at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice maximum rate permitted by law from the date of such expenditure. Landlord shall use all commercially reasonable efforts to Landlord of Tenant’s intention to reoccupy the Premisesmitigate its damages hereunder.
Appears in 1 contract
Samples: Lease Agreement (Webvan Group Inc)
Landlord’s Rights. Landlord, Agent and their respective agents, employees and representatives shall have the right to enter and/or pass through the Premises at any time or times upon reasonable prior notice (except in the event of emergency): (a) to examine and inspect the Premises and to show them to actual and prospective lenders, prospective purchasers or mortgagees of the Property or providers of capital to Landlord and its affiliates; and in connection with the foregoing, to install a sign at or on the Property to advertise the Property for lease or sale; (b) to make such repairs, alterations, additions and improvements in or to all or any portion of either or both of the Premises and the Property, or the Property’s facilities and equipment as Landlord is required or desires to make. Landlord and Agent shall be allowed to take all materials into and upon the Premises that may be required in connection with any repairs, alterations, additions or improvements, without any liability to Tenant and without any reduction or modification of Tenant’s covenants and obligations hereunder; provided, however, that Landlord shall use reasonable efforts to limit interference with Tenant’s business operations and Tenant’s occupancy and use of the Premises. During the period of six nine (9) months prior to the Expiration Date (or at any time, if Tenant has vacated or abandoned the Premises or is otherwise in default under this Lease), Landlord and its agents may exhibit the Premises to prospective tenants. Additionally, Landlord and Agent shall have the following rights with respect to the Premises, exercisable without notice to Tenant, without liability to Tenant, and without being deemed an eviction or disturbance of Tenant’s use or possession of the Premises or giving rise to any claim for setoff or abatement of Rent: (i) to designate and approve, prior to installation, all types of signs; (ii) to have pass keys, access cards, or both, to the Premises; and (iiiii) to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy at any time after Tenant vacates or abandons the Premises for more than 30 consecutive days or without notice to Landlord of Tenant’s intention to reoccupy the Premises.
Appears in 1 contract
Samples: GlenRose Instruments Inc.