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

LESSOR'S RIGHT OF ENTRY. Lessor reserves (for itself and any Lessor Representatives) the right to enter the Premises at any and all reasonable times during the Term of this Lease and, except in cases of emergency, after giving Lessee and the Operator reasonable advance notice, for the purpose of: inspecting the Premises, the physical condition thereof, and the operation of the Hotel; ascertaining whether Lessee is complying with its obligations under this Lease, including without limitation the operation of the Hotel as a Luxury Hotel; showing the Premises to prospective purchasers or Fee Lenders; showing the Premises to prospective tenants (during the final three (3) years of the Term); posting notices of nonresponsibility; inspecting any Alterations under construction; reviewing, inspecting and auditing the books, files and records of Lessee, the Operator, and any Food and Beverage Operator, relating to the Hotel or the Hotel Business (to the extent reasonably necessary to enable Lessor to confirm Lessee’s compliance with the provisions of Section 7 or any other provisions of this Lease, and provided that Lessor agrees, as a condition of the inspection, review or audit of any such books, files and records, to enter into a reasonable and customary written confidentiality agreement providing for the confidential treatment of any proprietary or other confidential books, files and records of Lessee, the Operator, or any Food and Beverage Operator); and otherwise for any other purpose which is not inconsistent with the rights and obligations of Lessee under this Lease; provided that Lessor shall use commercially reasonable efforts during the course of any such entry to minimize any disruption of or interference with the operation of the Hotel or the Hotel Business and shall not take any action in connection with any such entry which would be inconsistent with the operation or reputation of a Luxury Hotel. Lessor shall have the right to use any and all lawful means it deems necessary or appropriate under the circumstances in order to obtain entry to the Premises upon or following an Event of Default, or in case of an imminent threat or danger to persons or property if Lessee shall have failed to take prompt action to mitigate such threat or danger. No entry by Lessor pursuant to the foregoing provisions shall be deemed to be an unlawful or forcible entry into, or a detainer of, the Premises, or constitute a constructive or other eviction of Lessee, or entitle Lessee to any abatement of Rent, or create any limitation on the performance by Lessee of its obligations under this Lease. Nor shall Lessor or any Lessor Representative incur any liability to Lessee, Operator, any Food and Beverage Operator, any Hotel guest or customer, or any Hotel Employee, or any other Person, for or on account of such entry or any activity on the Premises by Lessor or such Lessor Representative in the course of such entry, except to the extent of any damage, loss, injury or liability that is attributable to the gross negligence or willful misconduct of Lessor or such Lessor Representative, as applicable.

LESSOR'S RIGHT OF ENTRY. Lessor reserves (for itself and any Lessor Representatives) the right to may enter the Premises lease premises at any and all reasonable times during time to (i) inspect the Term of this Lease andpremises, except in cases of emergency, after giving Lessee and the Operator reasonable advance notice, for the purpose of: inspecting the Premises, the physical condition thereofTower, and equipment house, (ii) exhibit the operation of the Hotel; ascertaining premises to prospective purchasers, lenders, or tenants, (iii) determine whether Lessee is complying with all its obligations under this Leasehereunder, including without limitation the operation of the Hotel as a Luxury Hotel; showing the Premises to prospective purchasers or Fee Lenders; showing the Premises to prospective tenants (during the final three (3iv) years of the Term); posting post notices of nonresponsibility; inspecting any Alterations under construction; reviewing, inspecting and auditing the books, files and records of Lessee, the Operator, and (v) make repairs or repairs to any Food and Beverage Operatoradjoining space or utility services or make repairs, relating alterations or improvements to any other portion of the Hotel premises, except as provided in paragraph 7.B. Lessee hereby waives any claim for damages for any injury or inconvenience to or interference with Lessee's business, any loss of occupancy or quiet enjoyment of the Hotel Business (to the extent reasonably necessary to enable Lessor to confirm Lessee’s compliance with the provisions of Section 7 premises, or any other provisions loss occasioned by such entry. Lessor shall at all times have and retain a key with which to unlock all of this Leasethe doors in, upon, or about the premises (excluding Lessee's vaults, safes, and provided that Lessor agreessimilar areas designated in writing by Lessee in advance), as a condition of the inspection, review or audit of any such books, files and records, to enter into a reasonable and customary written confidentiality agreement providing for the confidential treatment of any proprietary or other confidential books, files and records of Lessee, the Operator, or any Food and Beverage Operator); and otherwise for any other purpose which is not inconsistent with the rights and obligations of Lessee under this Lease; provided that Lessor shall use commercially reasonable efforts during the course of any such entry to minimize any disruption of or interference with the operation of the Hotel or the Hotel Business and shall not take any action in connection with any such entry which would be inconsistent with the operation or reputation of a Luxury Hotel. Lessor shall have the right to use any and all lawful means it deems necessary or appropriate under the circumstances which Lessor may deem proper to open said doors in an emergency in order to obtain entry to the Premises upon or following an Event premises, and any entry to the premises obtained by Lessor by any of Defaultsaid means, or in case of an imminent threat otherwise, shall not under any circumstances be construed or danger to persons or property if Lessee shall have failed to take prompt action to mitigate such threat or danger. No entry by Lessor pursuant to the foregoing provisions shall be deemed to be an a forcible or unlawful or forcible entry into, into or a detainer ofof the premises or an eviction, actual or constructive, of Lessee from the Premises, or constitute a constructive or other eviction of Lessee, or entitle Lessee to any abatement of Rent, or create any limitation on the performance by Lessee of its obligations under this Lease. Nor shall Lessor or any Lessor Representative incur any liability to Lessee, Operator, any Food and Beverage Operator, any Hotel guest or customerpremises, or any Hotel Employee, or any other Person, for or on account of such entry or any activity on the Premises by Lessor or such Lessor Representative in the course of such entry, except to the extent of any damage, loss, injury or liability that is attributable to the gross negligence or willful misconduct of Lessor or such Lessor Representative, as applicableportion thereof.

LESSOR'S RIGHT OF ENTRY. Lessor reserves (LESSOR, its officers, agents and representatives shall have the right to enter into and upon any and all parts of the demised premises, at reasonable times, to inspect same or clean or make repairs or alterations or additions as LESSOR may deem necessary, and LESSOR may and shall, at all times, have master keys or pass keys to the demised premises and LESSEE agrees that LESSEE shall not change any locks in the doors in the demised premises without LESSOR's prior written consent. IF LESSEE shall not be present to open and permit any entry into the demised premises at any time, LESSOR may enter the same by a master key or pass key or may forcibly enter the same, without rendering LESSOR liable therefore, provided that during such entry LESSOR shall take reasonable care of LESSEE's property. LESSOR shall have the right at any time to erect, use, maintain, repair, replace or relocate pipes, ducts, wiring conduits and similar devices in and through the demised premises and to enter upon said premises for itself the purpose of the performance of any such work. Nothing contained above shall be deemed to impose upon LESSOR any obligations, responsibility or liability whatsoever for the care, supervision or repair of the building or the premises or any part thereof and LESSEE shall be entitled to no abatement of rent or reduction of rent by any Lessor Representatives) reason thereof. LESSOR shall further have the right to enter the Premises premises at any and all reasonable times during the Term of this Lease and, except in cases of emergency, after giving Lessee and the Operator reasonable advance notice, for the purpose of: inspecting the Premises, the physical condition thereof, and the operation of the Hotel; ascertaining whether Lessee is complying with its obligations under this Lease, including without limitation the operation of the Hotel as a Luxury Hotel; showing the Premises hours to exhibit same to prospective purchasers or Fee Lenders; showing lessees and inspect the Premises premises to prospective tenants (during the final three (3) years of the Term); posting notices of nonresponsibility; inspecting any Alterations under construction; reviewing, inspecting and auditing the books, files and records of Lessee, the Operator, and any Food and Beverage Operator, relating to the Hotel or the Hotel Business (to the extent reasonably necessary to enable Lessor to confirm Lessee’s compliance see that LESSEE is complying with the provisions of Section 7 or any other provisions of this Lease, and provided that Lessor agrees, as a condition of the inspection, review or audit of any such books, files and records, to enter into a reasonable and customary written confidentiality agreement providing for the confidential treatment of any proprietary or other confidential books, files and records of Lessee, the Operator, or any Food and Beverage Operator); and otherwise for any other purpose which is not inconsistent with the rights and obligations of Lessee under this Lease; provided that Lessor shall use commercially reasonable efforts during the course of any such entry to minimize any disruption of or interference with the operation of the Hotel or the Hotel Business and shall not take any action in connection with any such entry which would be inconsistent with the operation or reputation of a Luxury Hotel. Lessor shall have the right to use any and all lawful means it deems necessary or appropriate under the circumstances in order to obtain entry to the Premises upon or following an Event of Default, or in case of an imminent threat or danger to persons or property if Lessee shall have failed to take prompt action to mitigate such threat or danger. No entry by Lessor pursuant to the foregoing provisions shall be deemed to be an unlawful or forcible entry into, or a detainer of, the Premises, or constitute a constructive or other eviction of Lessee, or entitle Lessee to any abatement of Rent, or create any limitation on the performance by Lessee of its obligations under this Lease. Nor shall Lessor hereunder or to make repairs or modifications to any Lessor Representative incur any liability to Lessee, Operator, any Food and Beverage Operator, any Hotel guest adjoining space or customer, or any Hotel Employee, or any other Person, for or on account of such entry or any activity on the Premises by Lessor or such Lessor Representative in the course of such entry, except to the extent of any damage, loss, injury or liability that is attributable to the gross negligence or willful misconduct of Lessor or such Lessor Representative, as applicablebuilding.

LESSOR'S RIGHT OF ENTRY. Lessor reserves (for itself shall retain duplicate keys to all doors of the Demised Premises and any Lessor Representatives) and its agents, employees and independent contractors shall have the right to enter the Premises at any and all reasonable times during Demised Premises, upon twenty-four (24) hours prior written notice, if possible, which notice shall not be required in the Term case of this Lease and, except in cases of an emergency, after giving Lessee at reasonable hours to inspect and the Operator reasonable advance noticeexamine same, for the purpose of: inspecting the Premisesto make repairs, the physical condition thereofadditions, alterations, and improvements, to exhibit the operation of the Hotel; ascertaining whether Lessee is complying with its obligations under this Lease, including without limitation the operation of the Hotel as a Luxury Hotel; showing the Demised Premises to prospective purchasers or Fee Lenders; showing the Premises to prospective tenants lessees (during the final three (3) years of the Term); posting notices of nonresponsibility; inspecting any Alterations under construction; reviewing, inspecting and auditing the books, files and records of Lessee, the Operator, and any Food and Beverage Operator, relating to the Hotel or the Hotel Business (to the extent reasonably necessary to enable Lessor to confirm Lessee’s compliance with the provisions of Section 7 or any other provisions of this Lease, and provided that Lessor agrees, as a condition of the inspection, review or audit of any such books, files and records, to enter into a reasonable and customary written confidentiality agreement providing for the confidential treatment of any proprietary or other confidential books, files and records of Lessee, the Operator, or any Food and Beverage Operator); and otherwise for any other purpose which is not inconsistent with the rights and obligations of Lessee under this Lease; provided that Lessor shall use commercially reasonable efforts not exhibit the Demised Premises to prospective lessees except during the course last 180 days of the Lease Term) and to inspect the Demised Premises to ascertain that Lessee is complying with all of its covenants and obligations hereunder, all without being liable to Lessee in any manner whatsoever for any damages arising therefrom unless caused by Lessor's or Lessor's agents gross negligence. During such time as such work as being carried on in or about the Demised Premises, the rent provided herein shall not xxxxx, and Lessee waives any claim or cause of action against Lessor for damages by reason of interruption of Lessee's business or loss of profits therefrom because of the execution of any such entry work or any part thereof. Notwithstanding anything to minimize any disruption the contrary contained in Article 11 of or interference with the operation this lease, if Lessee's use and occupancy of the Hotel Demised Premises are substantially disrupted by any repairs, additions, alterations, or the Hotel Business and improvements made by Lessor so that Lessee is unable to operate its business therein for a period exceeding five (5) consecutive business days, then Lessee shall not take any action in connection with any thereafter be entitled to an abatement of Base Rent until such entry which would be inconsistent with the operation or reputation of a Luxury Hotelwork by Lessor is completed. Lessor shall have perform such work in a manner which shall minimize interference with Lessee's operations within the right to use any and all lawful means it deems necessary or appropriate under Demised Premises provided such manner of performance shall not increase the circumstances in order to obtain entry to the Premises upon or following an Event of Default, or in case of an imminent threat or danger to persons or property if Lessee shall have failed to take prompt action to mitigate such threat or danger. No entry by Lessor pursuant to the foregoing provisions shall be deemed to be an unlawful or forcible entry into, or a detainer of, the Premises, or constitute a constructive or other eviction of Lessee, or entitle Lessee to any abatement of Rent, or create any limitation on the performance by Lessee of its obligations under this Lease. Nor shall Lessor or any Lessor Representative incur any liability to Lessee, Operator, any Food and Beverage Operator, any Hotel guest or customer, or any Hotel Employee, or any other Person, for or on account cost of such entry or any activity on the Premises by Lessor or such Lessor Representative in the course of such entry, except to the extent of any damage, loss, injury or liability that is attributable to the gross negligence or willful misconduct of Lessor or such Lessor Representative, as applicablework.

LESSOR'S RIGHT OF ENTRY. Lessee agrees to permit Lessor reserves (for itself and the authorized representatives of Lessor and any of the Mortgagees or any prospective mortgagee to enter the Premises at all reasonable times for the purpose of inspecting them and making any necessary repairs thereto and performing any work therein that may be necessary by reason of Lessee's failure to make such repairs or perform any such work required of Lessee under this Lease; provided that, if reasonable under the circumstances, Lessor Representatives) shall give Lessee prior written notice of its intent so to enter. Nothing herein shall imply any duty upon the part of Lessor to do any such work which under any provision of this Lease Lessee may be required to perform and the performance thereof by Lessor shall not constitute a waiver of Lessee's default in failing to perform it. During the progress of any work in the Premises Lessor may keep and store in the Premises all necessary materials, tools and equipment. Lessor shall not in any event be liable for inconvenience, annoyance, disturbance or other damage to Lessee by reason of making such repairs or the performance of such work in the Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course thereof and the obligations of Lessee under this Lease shall not thereby be affected in any matter whatsoever, and the cost of each of such repairs or the performance of such work shall be payable by Lessee to Lessor pursuant to and in accordance with Section 24 hereof (Curing Lessee's Defaults). Lessor also shall have the right to enter the Premises at any and all reasonable times during the Term of this Lease and, except in cases of emergency, after giving Lessee and the Operator reasonable advance notice, for the purpose of: inspecting the Premises, the physical condition thereof, and the operation of the Hotel; ascertaining whether Lessee is complying with its obligations under this Lease, including without limitation the operation of the Hotel as a Luxury Hotel; showing to exhibit the Premises to any prospective purchasers or Fee Lenders; showing the Premises to prospective tenants (during the final three (3) years of the Term); posting notices of nonresponsibility; inspecting any Alterations under construction; reviewingpurchaser, inspecting and auditing the books, files and records of Lessee, the Operator, and any Food and Beverage Operator, relating to the Hotel or the Hotel Business (to the extent reasonably necessary to enable Lessor to confirm Lessee’s compliance with the provisions of Section 7 or any other provisions of this Lease, and provided that Lessor agrees, as a condition of the inspection, review or audit of any such books, files and records, to enter into a reasonable and customary written confidentiality agreement providing for the confidential treatment of any proprietary or other confidential books, files and records of Lessee, the Operator, or any Food and Beverage Operator); and otherwise for any other purpose which is not inconsistent with the rights and obligations of Lessee under this Lease; provided that Lessor shall use commercially reasonable efforts during the course of any such entry to minimize any disruption of or interference with the operation of the Hotel or the Hotel Business and shall not take any action in connection with any such entry which would be inconsistent with the operation or reputation of a Luxury Hotel. Lessor shall have the right to use any and all lawful means it deems necessary or appropriate under the circumstances in order to obtain entry to the Premises upon or following an Event of Default, or in case of an imminent threat or danger to persons or property if Lessee shall have failed to take prompt action to mitigate such threat or danger. No entry by Lessor pursuant to the foregoing provisions shall be deemed to be an unlawful or forcible entry into, or a detainer of, the Premises, or constitute a constructive or other eviction of Lessee, or entitle Lessee to any abatement of Rent, or create any limitation on the performance by Lessee of its obligations under this Lease. Nor shall Lessor or any Lessor Representative incur any liability to Lessee, Operator, any Food and Beverage Operator, any Hotel guest or customer, or any Hotel Employee, or any other Person, for or on account of such entry or any activity on the Premises by Lessor or such Lessor Representative in the course of such entry, except to the extent of any damage, loss, injury or liability that is attributable to the gross negligence or willful misconduct of Lessor or such Lessor Representative, as applicabletenant and/or mortgagee thereof.