No Constructive Eviction Sample Clauses
The "No Constructive Eviction" clause establishes that the tenant cannot claim to have been evicted unless they have actually vacated the premises due to the landlord's actions or omissions. In practice, this means that even if the tenant believes the landlord has failed to meet certain obligations—such as providing necessary repairs or services—the tenant must first leave the property before asserting a claim of constructive eviction. This clause helps prevent tenants from withholding rent or breaking the lease while still occupying the premises, thereby ensuring that disputes over habitability or landlord performance are addressed through proper legal channels rather than unilateral tenant action.
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No Constructive Eviction. Since Tenant shall be in occupancy of the Expansion Premises during the Construction of the Improvements, Landlord agrees that it shall use commercially reasonable efforts to perform the Improvements in a manner so as to minimize interference with Tenant use of the Expansion Premises. Tenant hereby acknowledges that, notwithstanding Tenant’s occupancy of the Expansion Premises during the construction of the Improvements by Landlord, Landlord shall be permitted to construct the Improvements in the Expansion Premises during normal business hours, without any obligation to pay overtime or other premiums; to the extent, however, that Tenant agrees in writing to pay any overtime or other premiums incurred in connection with the construction of the Improvements in the Expansion Premises, the Improvements shall be constructed during hours other than the normal business hours. Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Improvements). Tenant hereby agrees that the construction of the Improvements, whether performed prior to or following the Expansion Rent Commencement Date, shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Improvements, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Improvements or Landlord’s actions in connection with the Improvements, or for any inconvenience or annoyance occasioned by the Improvements or Landlord’s actions in connection with the Improvements.
No Constructive Eviction. If all or any portion of the Tenant Improvements shall be constructed by Landlord on or after the Expansion Commencement Date, then (i) Landlord shall be permitted to complete the Tenant Improvements during normal business hours, (ii) Tenant shall provide a clear working area for the construction of the Tenant Improvements, and (iii) Tenant shall cooperate with all reasonable Landlord requests made in connection with Landlord's completion of the Tenant Improvements. Tenant hereby acknowledges that the construction the Tenant Improvements during Tenant's occupancy of the Premises shall in no way constitute a 742075.04/WLA 375056-00001/2-18-16/bkc/bkc EXHIBIT B -2- THE AVENTINE [Fourth Amendment] [Tracon Pharmaceuticals, Inc.] constructive eviction of Tenant nor entitle Tenant to any abatement of rent or damages of any kind (including damages relating to any interference with Tenant's business at the Premises).
No Constructive Eviction. In any circumstances where Landlord is permitted to enter upon the Leased Premises during the Term of the Lease, whether for the purpose of curing any default of Tenant, repairing damage resulting from fire or other casualty or an eminent domain taking or is otherwise permitted hereunder to go upon the Leased Premises and, except and as to the extent expressly provided under Section 8.4, no such entry shall constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or a breach by Landlord of any of its obligations hereunder or render Landlord liable for damages for loss of business or otherwise (unless such damages are caused by the gross negligence or willful misconduct of the Landlord, its agents, employees or invitees) or entitle Tenant to be relieved from any of its obligations hereunder or grant Tenant any right of set-off or recoupment or other remedy. In connection with any such entry incident to performance of repairs, replacements, maintenance or construction, all of the aforesaid provisions shall be applicable notwithstanding that Landlord may elect to take building materials in, to or upon the Leased Premises that may be required or utilized in connection with such entry by Landlord; provided however, that so long as Tenant is not in default of its obligations under this Lease, such entry shall be made by Landlord in such a manner as is calculated to minimize the effect upon Tenant's business.
No Constructive Eviction. The Commission’s failure to maintain or repair as specified shall not constitute a constructive eviction, and ▇▇▇▇▇▇’s sole and exclusive remedy for the Commission’s failure to perform its obligations shall be a suit against the Commission for specific performance.
No Constructive Eviction. No act or thing done or omitted to be done by Landlord or Landlord's agents during the term of the Lease, which is necessary to enforce the terms of this Lease, or the Building Rules and Regulations, shall constitute an eviction by Landlord nor shall it be deemed an acceptance or surrender of said Premises, and no agreement to accept such surrender shall be valid unless in writing signed by Landlord. No employee of Landlord or Landlord's agent shall have any power to accept the keys of said Premises prior to the termination of the Lease. The delivery of keys to any employee of Landlord or Landlord's agents shall not operate as a termination of the Lease or a surrender of the Premises unless agreed to in writing by Landlord.
No Constructive Eviction. No act or failure to act by Landlord or Landlord’s agents during the Term to enforce the terms of this Lease will constitute an eviction or acceptance of surrender of the Premises. No agreement to accept surrender of the Premises is valid unless in writing signed by L▇▇▇▇▇▇▇, and no employee of Landlord has any power to accept such surrender prior to the termination of this Lease. T▇▇▇▇▇’s deliver of keys to any employee of Landlord is not a termination of this Lease or a surrender of the Premises.
No Constructive Eviction. Tenant agrees that foreclosure of, or any other legal action in connection with, the Deed of Trust shall not be a constructive eviction of Tenant except at the option of Lender, which option shall arise only if Tenant is in default under the Lease beyond the expiration of any applicable grace period. Tenant shall have no right to appear in any such foreclosure action.
No Constructive Eviction. No act or failure to act by Landlord or ------------------------ Landlord's Agents during the Lease Term to enforce the terms of this Lease, or the Rules and Regulations, will constitute an eviction or acceptance of surrender of the Premises. No agreement to accept surrender of the Premises is valid unless in writing signed by Landlord, and no employee of Landlord or Landlord's Agents has any power to accept such surrender prior to the termination of the Lease. Tenant's delivery of keys to any employee of Landlord or Landlord's Agents is not a termination of the Lease or a surrender of the Premises.
No Constructive Eviction. Tenant hereby acknowledges that, notwithstanding Tenant’s occupancy of the Existing Premises during the construction of the Tenant Improvements therein, Landlord shall be permitted to construct the Tenant Improvements during 659835.03/WLA 888888-00374/5-24-10/jdk/jdk EXHIBIT B -▇- ▇▇▇▇ ▇▇▇▇▇▇▇ PLAZA [BrightSource Energy, Inc.] normal business hours, and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Tenant Improvements). Tenant hereby agrees that the construction of the Tenant Improvements shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Tenant Improvements, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Existing Premises or of Tenant’s personal property or improvements resulting from the Tenant Improvements or Landlord’s actions in connection with the Tenant Improvements, or for any inconvenience or annoyance occasioned by the Tenant Improvements or Landlord’s actions in connection therewith.
No Constructive Eviction. The exercise of any or all of the foregoing rights by the Port Authority or others shall not be or be construed to be an eviction of the Lessee nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.