Common use of No Constructive Eviction Clause in Contracts

No Constructive Eviction. Tenant hereby acknowledges that Landlord may be constructing the Improvements (as that term is defined in Article 1 of the Work Letter) following the Lease Commencement and during any Beneficial Occupancy Period (as that term is defined in Section 2.3 below), and that Tenant may be occupying the Premises during the construction of the Improvements. Tenant further acknowledges that, notwithstanding Tenant’s occupancy of the Premises during the Beneficial Occupancy Period or Lease Term, during the construction of the Improvements, Landlord shall be permitted to construct the Improvements during normal Business Hours (provided that Landlord shall perform all excessively noisy and fumy work (as determined by Landlord in Landlord’s reasonable discretion) in connection therewith after normal Business Hours), Tenant shall provide a clear working area for the construction of the Improvements (including, but not limited to, moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is constructing the Improvements) and Tenant may not be able to access certain portions of the Premises in connection with Landlord’s construction of the Improvements. In connection therewith, Tenant shall cooperate with all reasonable Landlord requests in connection with the construction of the Improvements. Tenant hereby agrees that the construction of the Improvements shall in no way constitute a constructive eviction of Tenant, entitle Tenant to any abatement of Rent, nor delay the occurrence of the Lease Commencement Date. 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 construction or installation of the Improvements, nor shall Tenant be entitled to any compensation or damages form 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 construction or installation of the Improvements or Landlord’s actions in connection with the construction or installation of the Improvements, or for any inconvenience or annoyance occasioned by Landlord’s construction or installation of the Improvements.

No Constructive Eviction. Since Tenant hereby acknowledges that Landlord may shall be constructing the Improvements (as that term is defined in Article 1 occupancy of the Work Letter) following the Lease Commencement and during any Beneficial Occupancy Period (as that term is defined in Section 2.3 below), and that Tenant may be occupying the Expansion Premises during the construction 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 further hereby acknowledges that, notwithstanding Tenant’s occupancy of the Expansion Premises during the Beneficial Occupancy Period or Lease Term, during the construction of the ImprovementsImprovements by Landlord, Landlord shall be permitted to construct the Improvements in the Expansion Premises during normal Business Hours (provided business hours, without any obligation to pay overtime or other premiums; to the extent, however, that Landlord shall perform all excessively noisy and fumy work (as determined by Landlord Tenant agrees in Landlord’s reasonable discretion) writing to pay any overtime or other premiums incurred in connection therewith after with the construction of the Improvements in the Expansion Premises, the Improvements shall be constructed during hours other than the normal Business Hours), business hours. Tenant shall provide a clear working area for the construction of the Improvements 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) and Tenant may not be able to access certain portions of the Premises in connection with Landlord’s construction of the Improvements. In connection therewith, Tenant shall cooperate with all reasonable Landlord requests in connection with the construction of the Improvements). Tenant hereby agrees that the construction of the Improvements Improvements, whether performed prior to or following the Expansion Rent Commencement Date, shall in no way constitute a constructive eviction of Tenant, Tenant nor entitle Tenant to any abatement of Rent, nor delay the occurrence of the Lease Commencement Daterent. 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 construction or installation of the Improvements, nor shall Tenant be entitled to any compensation or damages form 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 construction or installation of the Improvements or Landlord’s actions in connection with the construction or installation of the Improvements, or for any inconvenience or annoyance occasioned by the Improvements or Landlord’s construction or installation of actions in connection with the Improvements.

No Constructive Eviction. Tenant hereby acknowledges that Landlord may be constructing the Improvements (as that term is defined in Article 1 of the Work Letter) following the Lease Commencement and during any Beneficial Occupancy Period (as that term is defined in Section 2.3 below), and that Tenant may be occupying the Premises during the construction of the Improvements. Tenant further acknowledges that, notwithstanding Tenant’s occupancy of the Premises during the Beneficial Occupancy Period or Lease Term, during the construction of the ImprovementsTenant Improvements by Landlord, Landlord shall be permitted to construct the Tenant Improvements in the Premises during normal Business Hours (provided that Landlord shall perform all excessively noisy and fumy work (as determined business hours, in accordance with a schedule agreed to by Landlord and Tenant. Such schedule may involve construction outside business hours as requested by Tenant, and Tenant hereby acknowledges that such scheduling may involve overtime or other cost premiums which may increase the cost of the construction of the Tenant Improvements. Since Tenant is currently occupying the Premises, Landlord agrees that it shall use commercially reasonable efforts to perform the Tenant Improvements in a manner so as to minimize interference with Tenant use of the Premises. Tenant shall cooperate in good faith with Landlord and Landlord’s reasonable discretion) construction schedule so that the Tenant Improvements will be completed in connection therewith after normal Business Hours)a timely manner, and Tenant shall provide a clear working area for the construction of the Improvements 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) and Tenant may not be able to access certain portions of the Premises in connection with Landlord’s construction of the Improvements. In connection therewith, Tenant shall cooperate with all reasonable Landlord requests in connection with the construction of the Improvements). Tenant hereby agrees that the construction of the Tenant Improvements shall in no way constitute a constructive eviction of Tenant, Tenant nor (except as provided in Section 5 of this Tenant Work Letter) entitle Tenant to any abatement of Rent, nor delay the occurrence of the Lease Commencement Daterent. 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 construction or installation of the Tenant Improvements, nor (except to the extent arising due to the gross negligence or willful misconduct of Landlord or any of its employees or agents, or the breach by Landlord of its obligations herein) shall Tenant be entitled to any compensation or damages form 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 construction or installation of the Tenant Improvements or Landlord’s actions in connection with the construction or installation of the Tenant Improvements, or for any inconvenience or annoyance occasioned by the Tenant Improvements or Landlord’s construction or installation actions in connection with the Tenant Improvements. To: Re: Office Lease dated , 200 between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the Improvementsoffice building located at , , California. Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows: 1. The Lease Term shall commence on or has commenced on for a term of ending on . 2. Rent commenced to accrue on , in the amount of . 3. If the Lease Commencement Date is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in the Lease. 4. Your rent checks should be made payable to at . 5. The exact number of rentable/usable square feet within the Premises is square feet. 6. Tenant’s Share as adjusted based upon the exact number of usable square feet within the Premises is %. “Landlord”: , a By: Its: Agreed to and Accepted as of , 200 . “Tenant”: a By: Its:

No Constructive Eviction. Tenant hereby acknowledges that Landlord may be constructing the Improvements (as that term is defined in Article 1 of the Work Letter) following the Lease Commencement and during any Beneficial Occupancy Period (as that term is defined in Section 2.3 below), and that Tenant may be occupying the Premises during the construction of the Improvements. Tenant further acknowledges that, notwithstanding Tenant’s 's occupancy of the portions of the Premises during the Beneficial Occupancy Period or Lease Term, during the installation and/or construction of the Expansion Improvements, Landlord and Contractor shall be permitted to install and/or construct the Expansion Improvements during during, without limitation, normal Business Hours (provided that Landlord shall perform all excessively noisy business hours, and fumy work (as determined by Landlord in Landlord’s reasonable discretion) in connection therewith after normal Business Hours), Tenant shall provide cooperate with Landlord and Contractors, including, without limitation, by providing any needed access to the Premises and by providing a clear working area in the Premises (to the extent required by Landlord) for the installation and/or construction of the Expansion Improvements (including, but not limited to, the moving of furniture, fixtures and Tenant’s 's property away from the area in which Landlord is or Contractor are installing and/or constructing the Expansion Improvements) ). Tenant will be responsible for moving Tenant's furniture and Tenant may not be able to access certain portions of fixtures away from the Premises in connection with Landlord’s construction of area Landlord or Contractor installing and/or constructing the Expansion Improvements. In connection therewith, Tenant shall cooperate with all reasonable Landlord requests fully in connection with Landlord's completion of the installation and/or construction of the Expansion Improvements. Tenant hereby agrees that the installation and/or construction of the Expansion Improvements shall in no way constitute a constructive eviction of Tenant, Tenant nor entitle Tenant to any abatement of Rentrent or damages of any kind. Furthermore, nor delay the occurrence of the Lease Commencement Date. Landlord shall have no responsibility responsibility, or for any reason be liable liable, to Tenant for any direct or indirect injury to to, or interference with with, Tenant’s 's business arising from the installation and/or construction or installation of the Expansion Improvements, nor shall Tenant be entitled to any compensation or damages form from Landlord for loss of the use of the whole or any part of the Premises or of Tenant’s 's furniture, fixtures or personal property or improvements resulting from the installation and/or construction or installation of the Expansion Improvements or Landlord’s 's actions in connection with the installation and/or construction or installation of the Improvements, Expansion Improvements or for any inconvenience or annoyance occasioned by Landlord’s the installation and/or construction or installation of the Expansion Improvements or Landlord's actions in connection with the installation and/or construction of the Expansion Improvements. Landlord shall use commercially reasonable efforts to perform the Expansion Improvements in a manner designed to minimize interference with Tenant's use of and access to the Premises.