Project Control by Landlord. 32.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building and other buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. 32.2. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. 32.3. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency involving risk of serious injury or damage to persons or property necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 6 contracts

Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)

Appears in 3 contracts

Samples: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)

Project Control by Landlord. ~~32.1.~~ 15.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant ~~easements~~ casements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. ~~32.2.~~ 15.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 15.3 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3.~~ 15.4 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (and subject to personal escort by a Tenant employee in which Tenant shall make available to Landlord; provided that no time restrictions or escort requirement shall apply or advance notice be required if an emergency threatening immediate damage to Landlord’s property or injury to persons in the Building necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine~~ final six (96) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~15.4( f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed; provided that such activities shall not unreasonably interfere with Tenant’s Permitted Use of the Premises. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~15.4; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 3 contracts

Samples: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)

Appears in 3 contracts

Samples: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)

Project Control by Landlord. ~~32.1.~~ 33.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. ~~32.2.~~ 33.2 Tenant shall, at Landlord’s request, promptly execute such further reasonable documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant, that materially adversely affects Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. ~~32.3.~~ 33.3 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four~~ one (241) ~~hours’~~ business day prior written or facsimile notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. For any such access to the Premises, Landlord shall, except in an emergency, permit a representative of Tenant to accompany Landlord, and at all times agrees to comply with Tenant’s reasonable security and safety rules that are orally communicated to Landlord’s representative accessing the Premises at the time or access and/or provided to Landlord in writing. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f~~33.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~33.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 3 contracts

Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)

Appears in 2 contracts

Samples: Lease (CymaBay Therapeutics, Inc.), Lease (Infinity Oil & Gas Co)

Appears in 2 contracts

Samples: Lease (Erasca, Inc.), Lease (Erasca, Inc.)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by and consistent with the other terms in this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project or the Hampshire Project, ; convert the Building and other buildings within the Hampshire Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord; provided, however, that such possession shall not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time. Notwithstanding the foregoing, Tenant shall have the right to have a representative of Tenant accompany Landlord at such times; provided, however, if Tenant’s representative is not available or does not elect to accompany Landlord at the times that Landlord has requested access, then such unavailability shall not prohibit or otherwise restrict Landlord’s access, and Landlord may access the Premises with or without Tenant’s representative present. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project temporary scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 2 contracts

Samples: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)

Appears in 2 contracts

Samples: Lease (EverQuote, Inc.), Lease (EverQuote, Inc.)

Appears in 2 contracts

Samples: Lease (Cue Health Inc.), Lease (Cue Health Inc.)

Appears in 2 contracts

Samples: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc)

Appears in 2 contracts

Samples: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s quiet enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the rights and benefits created by this Lease or the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), ~~and~~ upon twenty-four (24) hours’ prior notice and accompanied by a Tenant representative (provided that no time or other restrictions shall apply or advance notice or the presence of Tenant’s representative be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) ~~show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e)~~ access the ~~telephone equipment, electrical substation and fire risers and~~ 4th Floor Common Electrical Room (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency involving risk of serious injury or damage to persons or property necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.defined in

Appears in 2 contracts

Samples: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)

Appears in 2 contracts

Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)

Appears in 2 contracts

Samples: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the ~~Property. 32.2~~Project; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, landscaping, lobbies and entrances; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant ~~shall~~acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, ~~at Landlord’s request~~however, ~~promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided~~ that Tenant ~~need~~ shall not ~~execute any document that creates additional liability for Tenant or that deprives Tenant~~ be deprived of the ~~quiet enjoyment and~~ use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. The Condominium Common Areas, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance, inspection, display and repair thereof are hereby reserved to the Association. The Association reserves the right to alter, improve, modify and, to the extent necessary to temporarily block off access to portions of the Condominium Common Areas in accordance with the terms of the Declaration, provided, however, that so long as ~~provided by this Lease~~Landlord or an affiliate thereof controls the Association, Landlord shall use reasonable efforts to ensure that such rights are exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. ~~32.3~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord in common with Tenant. 14.3. If Landlord does not control the Association, Landlord shall enforce the Declaration in a commercially reasonable manner in accordance with the terms of the Declaration and in its capacity as a Unit Owner thereunder. 14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective purchasers or tenants during the final year of the Term and current and prospective lenders at any time during the Term. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except~~ Upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), the Association, its agents or employees may enter the Premises at all reasonable times (including normal business hours), and at any time in the event of an ~~emergency involving~~ emergency, in order to make repairs, alterations, improvements and additions to the ~~risk~~ Condominium Common Areas required of ~~serious injury~~ the Association under the terms of the Declaration; provided, however, to the extent that Landlord controls the Association, Landlord shall use reasonable efforts to ensure that such rights are exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Notwithstanding anything contained herein to the contrary, except in the event of an emergency, Landlord shall not enter (and so long as Landlord controls the Association, Landlord shall not permit the Association to enter) any areas reasonably designated by Tenant as “clean space” without Tenant’s prior consent, but neither Landlord nor the Association shall have any liability to Tenant if this results in delays in the performance of any services or ~~damage~~ obligations. Notwithstanding anything to ~~persons~~ the contrary in this Lease, if Tenant’s use and occupancy of the premises for the Permitted Use is materially adversely affected by Landlord’s entry into the Premises for repairs or ~~property~~maintenance (and such repairs or maintenance do not result from an act or omission of Tenant or any Tenant Party or Tenant’s failure to comply with its repair and maintenance obligations hereunder) for more than five (5) consecutive business days following written notice to Landlord, ~~any entry~~ then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises ~~pursuant to this Section 32.3~~ are affected, a proportionate amount (~~other than for routine janitorial service~~based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall be ~~arranged in advance with Tenant~~abated commencing on the later to occur of (i) the first (1st) business day after such interruption, or (ii) the date on which Tenant ceases its use and ~~all such entries shall be guided~~ occupancy of the Premises (or portion thereof) for the Permitted Use, until the Premises are again usable by a Tenant ~~representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter~~ for the ~~reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab~~Permitted Use.

Appears in 2 contracts

Samples: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)

Project Control by Landlord. 32.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. 32.2. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant, reduces Tenant’s rights (other than to a de minimis extent), adversely affects Tenant (other than to a de minimis extent) or ~~that~~ deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. 32.3. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 2 contracts

Samples: Lease (Receptos, Inc.), Lease (Receptos, Inc.)

Project Control by Landlord. ~~32.1.~~ 13.1 Landlord reserves full control over the ~~Building~~ Buildings and the Project to the extent not inconsistent with Tenant’s 's enjoyment of the Premises and parking as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s 's right to subdivide the Project, ; convert the ~~Building and other buildings within the Project~~ Buildings to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant ~~easements~~ assessments and licenses to third parties~~, and~~ ; maintain or establish ownership of the ~~Building~~ Buildings separate from fee title to the Property; make additions to or reconstruct portions of the Buildings and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Buildings or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Buildings or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. Landlord's right pursuant to this Section 13.1, including without limitation the rights to construct, maintain, relocate, alter, improve, or adjust the Buildings or the Project shall be subject to the condition that (i) the exercise of any of such rights shall not materially and adversely interfere with Tenant's use of the Premises or materially decrease the number of Tenant's parking spaces, (ii) Landlord shall provide reasonable prior notice to Tenant before exercising any such rights which may materially and adversely interfere with Tenant's use of the Premises, provided that such business is in accordance with the Permitted Use, and (iii) Landlord shall use its reasonable efforts to minimize to the extent possible any significant interference with Tenant's business, provided that such business is in accordance with the Permitted Use, including, when reasonable, scheduling such work after business hours or on weekends; provided, however, that Landlord agrees to use good faith efforts to avoid performing work in the lab portion of the Premises. ~~32.2.~~ 13.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Buildings is reserved to Landlord to the extent necessary for Landlord to perform its obligations hereunder. 13.3 Tenant shall, at Landlord’s 's request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3.~~ 13.4 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ ' prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), and subject to compliance with Tenant’s commercially reasonable safety and security measures, enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Lease Term, (d) post notices of nonresponsibility, (ec) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the ~~Building~~ Buildings other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in ~~Subsection 32.3(f) above~~this Section 13.4, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s 's Rent xxxxx as a result of Landlord’s 's activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except in the event of an emergency involving the risk of serious injury or damage~~ Tenant will at all times be permitted to ~~persons or property,~~ have a representative accompany Landlord during any entry into the Premises and may designate certain areas of the Premises ~~pursuant~~ which contain sensitive equipment or information as “Secured Areas” and restrict access to ~~this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all~~ such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located Secured Areas except in the ~~Premises, but parties shall be permitted to view the reference lab through~~ case of an ~~open door while standing outside the reference lab~~emergency.

Appears in 2 contracts

Samples: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)

Project Control by Landlord. ~~32.1~~15.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. No exercise of such right shall materially interfere with the Permitted Use or materially increase Tenant’s obligations or decrease its rights under this Lease. ~~32.2~~15.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 15.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~15.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four~~ one (241) ~~hours’~~ business day’s prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~15.4(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~15.4; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any~~ Any entry ~~of the Premises pursuant to this Section 32.3 (other~~ by Landlord and Landlord’s agents shall not impair Tenant’s operations more than ~~for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative~~ reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference labnecessary.

Appears in 2 contracts

Samples: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Project Control by Landlord. ~~32.1.~~ 32.1 Landlord reserves full control over the ~~Building~~ Buildings and the Entire Project to the extent not inconsistent with Tenant’s use and enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Entire Project, convert the ~~Building~~ Buildings and other buildings within the Entire Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the ~~Building~~ Buildings separate from fee title to the Property., provided that the foregoing is at no cost to Tenant, does not increase Tenant’s costs or materially adversely affect Tenant’s rights hereunder. Landlord represents that it has a leasehold interest in the Property. NY\5747656.2 ~~32.2.~~ 32.2 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for ~~Tenant~~ Tenant, materially impairs any of Tenant’s rights under this Lease or ~~that~~ deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. ~~32.3.~~ 32.3 Landlord may, at any and all reasonable times during ~~non-~~business hours (or during non-business hours if Tenant so requests), and upon ~~twenty-four~~ one (241) ~~hours’~~ business day’s prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the ~~Building~~ Buildings other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f~~) above~~), Landlord may erect in the Premises or elsewhere in the Entire Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain ~~a key with which to unlock all of the doors~~ access rights in the ~~Premises~~Premises pursuant to the terms set forth in Section 10.5. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except in~~ In accordance with the ~~event~~ Confidentiality Agreement, Landlord and Tenant and their agents shall keep confidential any information they obtain as a result of ~~an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to~~ acting under this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference labSection.

Appears in 1 contract

Samples: Lease Agreement (Regeneron Pharmaceuticals Inc)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with and the same does not materially adversely interfere with or disturb Tenant’s rights and privileges under this Lease, including access and parking and use and enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect, interfere with or disturb Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3. Tenant shall, at ~~Landlord~~Xxxxxxxx’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional cost or liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall ~~Tenant~~Xxxxxx’s Rent xxxxx as a result of ~~Landlord~~Xxxxxxxx’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Fractyl Health, Inc.)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the ~~Building~~ Buildings and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the ~~Building and other buildings within the Project~~ Buildings to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the ~~Building~~ Buildings separate from fee title to the Property; make additions to or reconstruct portions of the Buildings and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Buildings or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Buildings or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances; provided, however, that Landlord’s exercise of its rights under this Section shall not materially adversely affect the Permitted Use. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Buildings is reserved to Landlord; provided, however, that Landlord’s exercise of its rights under this Section shall not materially adversely affect the Permitted Use. 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (cw) ~~show~~ alter, improve or repair any portion of the Buildings other than the Premises for which access to ~~prospective purchasers or tenants during~~ the ~~last nine (9) months of the Term~~Premises is reasonably necessary, (dx) post notices of nonresponsibility, (ey) access the telephone equipment, electrical substation and fire risers and (fz) ~~alter, improve~~ show the Premises to prospective purchasers or ~~repair any portion~~ tenants during the final year of the ~~Building other than the Premises for which access to the Premises is reasonably necessary~~Term. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(z), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except ~~in the event of~~ if an emergency ~~involving the risk of serious injury or damage~~ necessitates immediate access to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, ~~but parties~~ Landlord will provide the above-mentioned notice to Tenant and shall endeavor to coordinate access with Tenant and, if requested by Tenant, such access shall be ~~permitted~~ in the presence of a representative of Tenant; provided such representative is available at the time Landlord intends to ~~view~~ access the ~~reference lab through an open door while standing outside the reference lab~~Premises as set forth in its notice. Landlord shall not be required to alter its entry schedule as a result of Tenant’s representative’s schedule.

Appears in 1 contract

Samples: Lease (Idenix Pharmaceuticals Inc)

Appears in 1 contract

Samples: Lease (Silverback Therapeutics, Inc.)

Project Control by Landlord. ~~32.1~~30.1. Subject to Section 40.2, Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s rights under this Lease or enjoyment of the ~~Premises as provided by this Lease~~Demised Premises. This reservation ~~includes~~includes but is not limited to the right of Landlord to expand the Project, ~~without limitation, Landlord’s right~~ to subdivide the Project, to convert the Building and or other buildings within the Project to condominium units, to grant easements and licenses to ~~third parties~~others, and to maintain or establish ownership of the Building separate from fee title to land on which the ~~Property~~Building is located. ~~32.2~~30.2. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action provided ~~that~~ Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant or ~~that deprives~~ if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this ~~Lease~~Lease or Tenant’s rights hereunder will be impaired. ~~32.3~~30.3. Subject to Section 40.2, Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours if Tenant so requests)~~hours, and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine~~ two (92) ~~months~~ years of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical ~~substation~~ substations and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s Rent xxxxx as a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the ~~Premises~~Demised Premises subject to Tenant’s rights to establish “secure” areas pursuant to Section 10.8. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. 30.4. ~~Except~~ Landlord further reserves the right to combine the Project with any other project in the ~~event of an emergency involving the risk of serious injury or damage to persons or property, any entry~~ area of the ~~Premises pursuant~~ Project and owned by Landlord or its affiliates. In the event Landlord elects to ~~this Section 32.3~~ combine the Project, (~~other than for routine janitorial service~~i) the definition of Project as used herein, shall be ~~arranged in advance with Tenant~~deemed to include all of land on which the other project(s) is located, all of the buildings located thereon and all landscaping, parking facilities and other improvements and appurtenances related thereto, including, without limitation, driveways, sidewalks, parking areas, and ~~all such entries~~ landscaped areas, and (ii) the definitions of Rentable Area of the Project, Tenant’s Pro Rata Share of Project, and Project Common Areas shall be ~~guided by a Tenant representative~~revised to reflect the inclusion of such other project(s); ~~provided~~ provided, however, that ~~Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties~~ there shall be ~~permitted to view~~ no net increase in Tenant’s Pro Rata Share of Project Operating Expenses resulting solely as a result of the ~~reference lab through an open door while standing outside~~ combination of the ~~reference lab~~Project with any other project.

Appears in 1 contract

Samples: Lease Agreement (Qiagen Nv)

Appears in 1 contract

Samples: Lease (Alnylam Pharmaceuticals, Inc.)

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

Appears in 1 contract

Samples: Lease Agreement (Selecta Biosciences Inc)

Appears in 1 contract

Samples: Lease (Epizyme, Inc.)

Project Control by Landlord. ~~32.1.~~ 32.1 Landlord reserves full control over the Building and ~~the~~ Project to the extent not inconsistent with Tenant’s enjoyment of the Demised Premises ~~as provided by~~ in accordance with the terms hereof. Subject to the foregoing, this ~~Lease. This~~ reservation ~~includes, without limitation, Landlord’s~~ includes but is not limited to right of Landlord to ~~subdivide the Project,~~ convert the Building and or other buildings within the Project to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of ~~the~~ Building separate from fee title to ~~the Property~~land. ~~32.2.~~ 32.2 Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action provided ~~that~~ Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant or ~~that deprives~~ if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3.~~ 32.3 Landlord may, at any and all reasonable times during ~~non-~~business hours ~~(or during business hours if Tenant so requests),~~ and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective mortgagees, investors (but not competitors of Tenant), purchasers or ~~tenants~~ (only during the ~~last nine (9) months~~ final 400 days of the Term) tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s Rent xxxxx as a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause ~~as little~~ the least interference to Tenant as is reasonably possible~~. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises~~. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. ~~Except~~ Other than in the ~~event~~ case of an ~~emergency involving~~ emergency, Landlord’s entry into the ~~risk of serious injury or damage to persons or property, any entry of the~~ Demised Premises ~~pursuant to this Section 32.3 (other than for routine janitorial service)~~ shall be ~~arranged in advance with~~ subject to such reasonable security restrictions as Tenant may reasonably impose and Landlord shall not enter any of Tenant’s “secure” areas of which Landlord has notice unless accompanied by a representative of Tenant; Tenant hereby agreeing to have a representative available to Landlord for such purpose at all times during business hours. In addition, ~~and all~~ such ~~entries~~ entry and/or use by Landlord shall be ~~guided by a~~ subject to such further reasonable rules as Tenant ~~representative; provided~~ may require to the extent that ~~Tenant shall make~~ such ~~a representative reasonably available. Under no circumstances shall~~ entry and/or use might adversely affect the health or safety of any ~~party be allowed to enter the reference lab located~~ animals being used in the ~~Premises, but parties shall be permitted to view~~ Demised Premises or the ~~reference lab through an open door while standing outside the reference lab~~integrity of any experiments or studies being conducted on any such animals.

Appears in 1 contract

Samples: Lease Agreement (Gene Logic Inc)

Project Control by Landlord. ~~32.1~~31.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s 's enjoyment of the Demised Premises ~~as provided by~~ pursuant to the terms of this Lease. This reservation ~~includes~~includes but is not limited to right of Landlord to expand the Project, ~~without limitation, Landlord’s right to~~ subdivide the Project, convert the Building and or other buildings within the Project to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of the Building separate from fee title to the ~~Property~~land on which the Building is located. Notwithstanding anything to the contrary set forth herein, Landlord shall not (i) alter the Demised Premises without Tenant's consent, which shall not be unreasonably withheld, conditioned or delayed with respect to nonmaterial alterations which do not affect Tenant's use of the Demised Premises as contemplated by this Lease or as may be required by any governmental entity, or (ii) grant any rights to any third party to occupy any portion of the Demised Premises or any of the parking spaces of Tenant which comprise the Parking Allotment. ~~32.2~~31.2. Landlord further reserves the right to combine the Project with any other project in the area of the Project and owned by Landlord or its affiliates. 31.3. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3~~31.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any ~~service~~ service, perform any obligation or exercise any right which Landlord is permitted to exercise or required to ~~provide~~ supply or perform hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9) months~~ year of the Term, tenants, (d) post notices of nonresponsibility, and (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers. Tenant, at Tenant's sole cost and expense, shall have the right to require that a representative of Tenant accompany Landlord during any such entry (~~f) alter~~provided that Landlord shall not be required to seek accompaniment of Tenant if an emergency necessitates an immediate entry), ~~improve~~ and Tenant shall not unreasonably withhold, condition or ~~repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary~~delay scheduling such accompaniment. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent xxxxx as a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to with the use of the Demised Premises as contemplated by this Lease by Tenant and its permitted subtenants as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the ~~Premises~~Demised Premises subject to Tenant's rights to establish "secure" areas pursuant to Section 10.5. If an ------------ emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a an unlawful detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. ~~Except~~ Notwithstanding anything to the contrary set forth herein, Tenant hereby indemnifies and agrees to defend and hold Landlord, its agents and contractors harmless from and against any and all claims, costs and liabilities including reasonable and actual attorneys' fees, charges and disbursements, arising out of or in ~~the event~~ connection with any injury, damage or other loss resulting from or arising out of ~~an emergency involving the risk of serious injury~~ Landlord's inability to access all or ~~damage to persons or property,~~ any ~~entry~~ part of the Demised Premises ~~pursuant~~ or the Building, including, without limitation, due to ~~this Section 32.3 (other than~~ Tenant's failure to provide access to any "secure" area or to arrange for ~~routine janitorial service) shall~~ Landlord to be ~~arranged in advance with Tenant, and all such entries shall be guided~~ accompanied by a ~~Tenant representative; provided that Tenant shall make such a~~ representative ~~reasonably available~~of Tenant. 31.5. ~~Under no circumstances shall any party be allowed~~ Landlord reserves the right to ~~enter~~ modify the ~~reference lab located in~~ Land and the ~~Premises~~exterior portions of the Building, ~~but parties shall be permitted~~ including the right to ~~view the reference lab through an open door while standing outside the reference lab.~~add or remove landscaping

Appears in 1 contract

Samples: Lease (Cytrx Corp)

Project Control by Landlord. ~~32.1~~30.1. Subject to Section 40.2, Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s 's rights under this Lease or enjoyment of the ~~Premises as provided by this Lease~~Demised Premises. This reservation ~~includes~~includes but is not limited to the right of Landlord to expand the Project, ~~without limitation, Landlord’s right~~ to subdivide the Project, to convert the Building and or other buildings within the Project to condominium units, to grant easements and licenses to ~~third parties~~others, and to maintain or establish ownership of the Building separate from fee title to land on which the ~~Property~~Building is located. ~~32.2~~30.2. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action provided ~~that~~ Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant or ~~that deprives~~ if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this ~~Lease~~Lease or Tenant's rights hereunder will be impaired. ~~32.3~~30.3. Subject to Section 40.2, Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours if Tenant so requests)~~hours, and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine~~ two (92) ~~months~~ years of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, 52 electrical ~~substation~~ substations and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent ~~xxxxx as~~ abatx xx a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the ~~Premises~~Demised Premises subject to Tenant's rights to establish "secure" areas pursuant to Section 10.8. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Digene Corp)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s 's enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s 's right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant's beneficial use and occupancy of the Premises, including the Permitted Use and Tenant's access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3. Tenant shall, at Landlord’s 's request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon ~~twenty-~~twenty four (24) hours’ ' prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s 's Rent xxxxx as a result of Landlord’s 's activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in ~~such~~ a commercially reasonable manner so as not to cause ~~as little~~ unreasonable interference with Tenant's use and occupancy to ~~Tenant as is~~ the extent reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. 14.5. ~~Except~~ Landlord and Tenant acknowledge that there is a mechanical room within the Premises that contains equipment serving the third (3'd) and fourth (4'h) floors of the Building (the "Mechanical Room"). The Mechanical Room is identified on Exhibit A attached hereto. Landlord and its contractors, employees and agents shall at all times have access to the Mechanical Room for the purpose of repairing and maintaining equipment in the ~~event~~ Mechanical Room and otherwise as required in the exercise of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representativegood property management practices; provided that Landlord will endeavor to provide Tenant ~~shall~~ with reasonable prior notice (which notice may be oral) of any scheduled access to the Mechanical Room (with no such notice required for emergency entries). All costs to repair, maintain and replace (if required) the Mechanical Room and the equipment located therein will be equitably allocated among the tenants whose premises are served by the Mechanical Room, based on the proportionate usage by each tenant of the equipment located within the Mechanical Room, as determined by Landlord. All such amounts will be paid by Tenant to Landlord as Additional Rent within thirty (30) days after invoicing therefor. In no event will Tenant make any alterations or perform any work within the Mechanical Room, and such ~~a representative reasonably available. Under no circumstances shall any party be allowed~~ Mechanical Room is reserved to ~~enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab~~Landlord for its exclusive use and access.

Appears in 1 contract

Samples: Lease Agreement (Natera, Inc.)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s access, use and enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. ~~32.2~~14.2. The right to access areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3. Tenant shall, at Landlord’s request, promptly execute such further commercially reasonable documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant, that creates any costs for Tenant (unless reimbursed by Landlord), or that ~~deprives Tenant of the~~ materially diminishes Tenant’s quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency that, in Landlord’s reasonable opinion, poses an immediate risk of harm to persons or property necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably ~~possible~~possible and Landlord will perform all work diligently and continuously until completion. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving~~ that, in Landlord’s reasonable opinion, poses an immediate risk of ~~serious injury or damage~~ harm to ~~persons~~ person or property necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except~~ Notwithstanding anything to the contrary contained herein, because of the proprietary nature of the materials and information in the Premises and the potential for material harm to Tenant’s business in the event ~~of an emergency involving~~ such information were compromised, Tenant is hereby granted the ~~risk of serious injury or damage~~ right to ~~persons or property, any entry~~ designate certain portions of the Premises ~~pursuant~~ as “Secured Area(s)” and reserves the right to ~~this Section 32.3 (~~install door locks or other ~~than for routine janitorial service) shall be arranged in advance with Tenant~~access control systems as necessary to secure such Secured Area(s), and ~~all~~ Landlord agrees not to enter such ~~entries~~ Secured Area(s) except in the case of an emergency, unless it shall ~~be guided by~~ have first obtained Tenant’s consent and Tenant has a ~~Tenant representative; provided that Tenant shall make such~~ reasonable opportunity to have a representative ~~reasonably available~~present (at the option of Tenant). ~~Under no circumstances shall~~ Tenant hereby releases Landlord and waives any ~~party be allowed~~ Claim against Landlord arising out of or related to ~~enter~~ Landlord’s inability to gain timely access to the ~~reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab~~Secured Areas.

Appears in 1 contract

Samples: Lease (Regulus Therapeutics Inc.)

Appears in 1 contract

Samples: Lease (Omeros Corp)

Project Control by Landlord. 32.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with (a) Tenant’s enjoyment of the Premises as provided by this ~~Lease~~Lease and (b) Tenant’s use of the Premises for the Permitted Use. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building and other potential buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. Landlord shall at all times during construction activity maintain reasonable access to the Premises and Common Areas serving the Premises. 32.2. Tenant ~~shall~~and Landlord shall each, at ~~Landlord~~the other’s reasonable request, promptly execute such further documents as may be reasonably appropriate and necessary to ~~assist Landlord in~~ enable the ~~performance of~~ other to carry out its obligations ~~hereunder~~under this Lease; provided that ~~Tenant need not~~ neither party shall have any obligation under this paragraph to execute any document that creates additional liability or cost for ~~Tenant~~ such party or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. 32.3. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Sonus Pharmaceuticals Inc)

Appears in 1 contract

Samples: Lease (Organovo Holdings, Inc.)

Appears in 1 contract

Samples: Lease Agreement (CM Life Sciences III Inc.)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s use and enjoyment of of, and access to, the Premises and the parking areas as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances; provided, however, that any such activities do not unreasonably impair Tenant’s access to or use of the Premises, parking areas and Common Areas adjacent to the Building. ~~32.2.~~ 14.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for ~~Tenant or~~ Tenant, materially reduces Tenant’s rights hereunder, that deprives Tenant of the quiet enjoyment ~~and~~ or use of the Premises as provided by for in this ~~Lease~~Lease or materially reduces the obligations of Landlord hereunder. ~~32.3.~~ 14.4 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so ~~requests~~requests or if Landlord so requests with respect to Section 14.4(c)), and upon not less than twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry, but Landlord shall use reasonable efforts to provide such prior notice as may be practicable under the circumstances and shall provide notice and an explanation of the emergency within a reasonable time following such entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. Tenant, in its sole discretion, shall have the right to accompany Landlord in connection with any such entry (except for any entry as a result of or in response to an emergency); provided, however, that if Tenant is not present at the scheduled time of entry (as provided by Landlord’s notice requirement in this Section), Landlord may enter the Premises without the company of Tenant (except for the laboratory areas of the Premises (as described below), unless an emergency necessitates immediate entry). Landlord shall coordinate with Tenant to schedule in advance any entry to the laboratory areas of the Premises or the Hazardous Materials Shed, which entry Tenant shall not unreasonably withhold, condition or delay, (except in the case of any emergency, as set forth below, in which case, no prior notice, coordination or scheduling shall be required), and except in the event of an emergency, Landlord shall not enter such laboratory areas or the Hazardous Materials Shed unless accompanied by a representative of Tenant. Any entry to the laboratory areas of the Premises by Landlord shall be subject to the reasonable safety rules and procedures of Tenant (as provided to Landlord), except in the case of an emergency, in which case, no such safety rules and procedures shall apply. In connection with any ~~such~~ alteration, improvement or repair as described in Subsection ~~32.3(f~~14.4(f) ~~above~~(which shall include any excavation that may need to be made upon land adjacent to or under the Building), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be ~~performed~~performed (and, in the event of any excavation, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as shall be necessary to preserve and protect the Building from injury or damage and to support the same by proper foundations); provided, however, that except in the case of any emergency (as set forth below), Landlord shall use commercially reasonable efforts to coordinate with Tenant to schedule such alteration, improvement or repairs with Tenant in advance. In Without limiting Section 16.2, in no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~(except in the case of any entry described in Section 14.4(f) which substantially interferes with Tenant’s use of the Premises for the Permitted Use and continues for more than five (5) consecutive business days, in which event Base Rent shall xxxxx commencing on the sixth (6th) business day with respect to the portion of the Premises so affected until Tenant’s use of such portion of the Premises for the Permitted Use is no longer being substantially interfered with); provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the ~~Premises~~Premises and the Hazardous Materials Shed. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except in the event of an emergency involving the risk of serious injury~~ Any notice or ~~damage to persons or property, any entry of the Premises pursuant to~~ explanation required by this Section ~~32.3 (other than for routine janitorial service) shall~~ to be ~~arranged in advance with Tenant, and all such entries shall be guided by a~~ given to Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to ~~view the reference lab through an open door while standing outside the reference lab~~be given verbally or by email.

Appears in 1 contract

Samples: Lease Agreement (Depomed Inc)

Project Control by Landlord. ~~32.1~~15.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building and other buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. ~~32.2~~15.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 15.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of any rights provided herein, including, but not limited to, the quiet enjoyment and use of the ~~Premises as provided by~~ Premises; provided, however, that nothing in this ~~Lease~~Section 15.3 shall relieve Tenant of its obligations under Article 31. ~~32.3~~15.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine~~ final six (96) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~15.4(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~15.4; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Daystar Technologies Inc)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by and consistent with the other terms in this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and the other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project (including to other tenant premises) pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project or delegate such rights to other tenants performing work in their respective premises; and alter or relocate any other Common Area or facility, including private drives, lobbies, elevators, loading areas, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Tenant acknowledges that the Building is under development, that there may be construction in the Common Areas and other tenant premises in the Building from time to time during the Term, and that Landlord shall not be liable for any rent abatement or compensation by reason of inconvenience, annoyance, or loss of business resulting from such construction. Further, Tenant shall be responsible for taking any precautions Tenant deems necessary with respect to its business operations in the Premises to mitigate construction impactssuch as sound and vibration from other parts of the Project. Landlord shall use commercially reasonable efforts in the exercise of its rights under this Section, not to unreasonably interfere with Tenant’s use of the Premises for the Permitted Uses. Landlord shall, in any construction at the Building undertaken by Landlord or its affiliates, exercise all reasonable efforts and work cooperatively with Tenant to minimize interference from the noise and dust of such construction. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord; provided, however, that such possession shall not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during ~~non-~~business hours (or during non-business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time. Notwithstanding the foregoing, Tenant shall have the right to have a representative of Tenant accompany Landlord at such times; provided, however, if Tenant’s representative is not available or does not elect to accompany Landlord at the times that Landlord has requested access, then such unavailability shall not prohibit or otherwise restrict Landlord’s access, and Landlord may access the Premises with or without Tenant’s representative present. Tenant may identify certain areas of the Premises that require limited access by written notice to Landlord (“Secure Areas”), and, except in the event of an emergency, Landlord shall access such Secure Areas with a Tenant representative present and shall endeavor to comply with Tenant’s reasonable security, cleanliness and safety requirements when accessing such Secure Areas. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Monte Rosa Therapeutics, Inc.)

Appears in 1 contract

Samples: Lease (Lyell Immunopharma, Inc.)

Project Control by Landlord. ~~32.1~~31.1. Subject to Sections 2.1.9 and 10, Landlord reserves full control over the Building ~~and the Project~~ to the extent not inconsistent with Tenant’s enjoyment of the Demised Premises ~~as provided by~~ under the terms of this Lease. This reservation ~~includes~~includes but is not limited to right of Landlord to expand the Building into a larger project, ~~without limitation, Landlord’s right to~~ subdivide the ~~Project~~real property upon which the Building is located, convert the Building ~~and other buildings within the Project~~ to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of the Building separate from fee title to the ~~Property~~Land. ~~32.2~~31.2. Landlord further reserves the right to combine the Building with any other project in the area of the Building and owned by Landlord or its affiliates. 31.3. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created or increased in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3~~31.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice of not less than 24 hours (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9)~~ 9 months of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the ~~Project~~ Building scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s Rent ~~xxxxx~~ axxxx as a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Demised Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a an unlawful detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Emergent BioSolutions Inc.)

Appears in 1 contract

Samples: Lease (Codex DNA, Inc.)

Project Control by Landlord. ~~32.1~~31.1. Landlord reserves full control over ~~the Building and~~ the Project to the extent not inconsistent with Tenant’s 's enjoyment of the ~~Premises as provided by this Lease~~Demised Premises. This reservation ~~includes~~includes but is not limited to right of Landlord to expand the Project, ~~without limitation, Landlord’s right to~~ subdivide the Project, ~~convert~~ the ~~Building and other buildings within the Project~~ right to ~~condominium units,~~ grant easements and licenses to ~~third parties~~others, the right to enter the Building and the right to maintain or establish ownership of the Building separate from fee title to the ~~Property~~land on which the Building is located; provided, however, that any expansion or subdivision of the Project shall not permanently and unreasonably interfere with Tenant's access to or use of the Demised Premises and will not directly result in an increase to Tenant's Pro Rata Share of Operating Costs of more than 5% without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. ~~32.2~~31.2. Landlord further reserves the right to combine the Project with any other project in the area of the Project and owned by Landlord or its affiliates; provided, however, that any combination of the Project shall not permanently and unreasonably interfere with Tenant's access to or use of the Demised Premises and will not directly result in an increase to Tenant's Pro Rata Share of Operating Costs of more than 5% without Tenant's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. 31.3. Tenant shall, at should Landlord so request and of Landlord~~’s request~~'s sole cost and expense for the reasonable fees and costs incurred by Tenant pursuant thereto, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3~~31.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon reasonable advance notice which, with respect to entry to Tenant's manufacturing facilities shall be not less than twenty-four ~~(24) hours’ prior notice~~ hours (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9) months~~ year of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building which Landlord is obligated or entitled to repair or maintain. Tenant and its designees shall have the right to accompany Landlord personnel in connection with any entry upon the Demised Premises, and Landlord shall comply with all other ~~than the Premises for~~ reasonable rules which ~~access to the Premises is reasonably necessary~~Tenant may have in connection with any required access. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent xxxxx as a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Demised Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a an unlawful detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Matrix Pharmaceutical Inc/De)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with ~~Tenant~~Xxxxxx’s ~~enjoyment of the Premises as provided by~~ rights under this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the ~~Building and other buildings within the Project~~ Lower Campus to condominium units, ; grant easements and licenses to third ~~parties,~~ parties provided that no such easement or license materially and adversely affects Tenant’s use or occupancy of the Premises for the Permitted Use; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Lower Campus provided the same does not unreasonably interfere with Tenant’s use of the Premises; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project, provided the same does not materially and adversely interfere with Tenant’s use of the Premises; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances located on the Lower Campus provided the same does not unreasonably interfere with Xxxxxx’s use of the Premises. ~~32.2.~~ 14.2 Subject to the provisions of Article 43 and Section 31.14, possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3 Tenant shall, at ~~Landlord~~Xxxxxxxx’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant, that imposes additional obligations on Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3.~~ 14.4 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of ~~nonresponsibility~~non-responsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises and other than areas for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above,~~ 14.4(f). Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed, provided the same does not materially and adversely impair Tenant’s use of the Premises. In no event shall ~~Tenant~~Xxxxxx’s Rent xxxxx as a result of ~~Landlord~~Xxxxxxxx’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Project Control by Landlord. ~~32.1.~~ 32.1 Landlord reserves full control over the Building and ~~the~~ Project to the extent not inconsistent with Tenant’s 's enjoyment of the Demised Premises ~~as provided by~~ in accordance with the terms hereof. Subject to the foregoing, this ~~Lease. This~~ reservation ~~includes, without limitation, Landlord’s~~ includes but is not limited to right of Landlord to ~~subdivide the Project,~~ convert the Building and or other buildings within the Project to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of ~~the~~ Building separate from fee title to ~~the Property~~land. ~~32.2.~~ 32.2 Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action provided ~~that~~ Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant or ~~that deprives~~ if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3.~~ 32.3 Landlord may, at any and all reasonable times during ~~non-~~business hours ~~(or during business hours if Tenant so requests),~~ and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective mortgagees, investors (but not competitors of Tenant), purchasers or ~~tenants~~ (only during the ~~last nine (9) months~~ final 400 days of the Term) tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent ~~xxxxx as~~ abatx xx a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause ~~as little~~ the least interference to Tenant as is reasonably possible~~. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises~~. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.use

Appears in 1 contract

Samples: Lease (Gene Logic Inc)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the ~~Building~~ Premises and the Project to the extent not inconsistent with Tenant’s quiet enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Project; install, use, maintain, repair, replace and relocate for service to the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. ~~32.2~~14.2. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.3. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the ~~Building other than the~~ Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in ~~Subsection 32.3(f) above~~this Section 14.3(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Bionovo Inc)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with (a) Tenant’s enjoyment of the Premises as provided by this Lease, (b) Tenant’s rights under this Lease or (c) Landlord’s obligations under this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises (provided that such installation, use, maintenance, repair, replacement or relocation does not materially reduce the useable area of the Premises), the Building or elsewhere at the Project; access areas of the Premises necessary for utilities, services, safety and operation of the Building; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that any entry into the Premises shall be subject to the provisions of Section 14.4 of this Lease, and such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability or obligations for Tenant or that deprives Tenant of any rights (including, without limitation, the quiet enjoyment and use of of, and access to, the ~~Premises~~ Premises) as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (at) exercise its rights under Sections 14.1 and 21.4, (u) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final nine (9) months of the Term and current and prospective purchasers and lenders at any time. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures to the extent and for the time reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (REGENXBIO Inc.)

Appears in 1 contract

Samples: Lease (Cyclerion Therapeutics, Inc.)

Project Control by Landlord. ~~32.1.~~ 31.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with or injurious to Tenant’s 's enjoyment of the ~~Premises as provided by this Lease~~Demised Premises. This reservation ~~includes~~includes but is not limited to right of Landlord to expand the Project, ~~without limitation, Landlord’s right to~~ subdivide the Project, convert the Building and or other buildings within the Project to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of the Building separate from fee title to the ~~Property~~land on which the Building is located. ~~32.2.~~ 31.2 Landlord further reserves the right to combine the Project with any other project in the area of the Project and owned by Landlord or its affiliates. 31.3 Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this ~~Lease~~Lease or its rights or duties hereunder will be adversely and materially affected. ~~32.3.~~ 31.4 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9) months~~ year of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent xxxxx as a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so -------- ------- as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Demised Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a an unlawful detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Dendreon Corp)

Project Control by Landlord. ~~32.1~~13.1. Landlord reserves full control over the ~~Building~~ Buildings and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the ~~Building and other buildings within the Project~~ Buildings to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the ~~Building~~ Buildings separate from fee title to the Property; make additions to or reconstruct portions of the Buildings and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Buildings or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Buildings or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. Landlord’s right pursuant to this Section 13.1, including without limitation the rights to construct, maintain, relocate, alter, improve, or adjust the Buildings or the Project shall be subject to the condition that (i) the exercise of any of such rights shall not materially and adversely interfere with Tenant’s use of the Premises or materially decrease the number of Tenant’s parking spaces, (ii) Landlord shall provide reasonable prior notice to Tenant before exercising any such rights which may materially and adversely interfere with Tenant’s, provided that such business is in accordance with the Permitted Use, and (ii) Landlord shall use its reasonable efforts to minimize to the extent possible any significant interference with Tenant’s business, provided that such business is in accordance with the Permitted Use, including, when reasonable, scheduling such work after business hours or on weekends. ~~32.2~~13.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Buildings is reserved to Landlord. 13.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~13.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the ~~Building~~ Buildings other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Halozyme Therapeutics Inc)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. ~~32.2.~~ 14.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Project (as opposed to those areas exclusively serving the Premises) is reserved to Landlord. 14.3 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability ~~for~~ for, or imposes material additional obligations on, Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3.~~ 14.4 Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to SubSections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to SubSection 14.4(z), if Landlord so requests), and upon ~~twenty-four~~ one (241) ~~hours’~~ business day’s prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations ~~hereunder~~hereunder and to show the Premises to current and prospective purchasers and lenders, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term. In connection with any such alteration, improvement or repair as described in ~~Subsection 32.3(f) above~~SubSection 14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed, provided that such structures do not obstruct the view, if any, of Tenant’s Logo Sign from Shady Grove Road and Medical Center Drive, or from the parking facilities serving the Project for an unreasonable period of time given the scope of such work, unless Landlord provides temporary signage displaying Tenant’s logo and having visibility similar to that of Tenant’s existing exterior Building signage being obstructed by such work. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof, but Landlord shall give Tenant telephonic and email notice promptly after any such entry, provided that Tenant has previously given Landlord a telephone number and email address for such purpose. ~~Except~~ Notwithstanding the foregoing, or anything contained in this Lease to the ~~event~~ contrary, Tenant may elect, by providing not less than thirty (30) days’ prior written notice to Landlord, to provide that certain areas within the Premises are restricted to Tenant, its employees and other authorized agents, following which such areas shall not be accessed by any other person (including Landlord and its agents), except when accompanied by an employee or agent of ~~an emergency involving the risk of serious injury or damage to persons or property~~Tenant; provided, however, that Landlord may enter any ~~entry~~ such restricted areas of the Premises ~~pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant~~without prior notice and without being accompanied by an employee or agent of Tenant if an emergency necessitates immediate access thereto, and ~~all~~ in such ~~entries~~ event, the provisions of the immediately prior sentence of this Subsection 14.4 shall ~~be guided by a Tenant representative; provided that Tenant shall make~~ apply to such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference labentry.

Appears in 1 contract

Samples: Lease (Glycomimetics Inc)

Appears in 1 contract

Samples: Lease (Affymetrix Inc)

Project Control by Landlord. ~~32.1~~13.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. Landlord’s right pursuant to this Section 13.1, including without limitation the rights to construct, maintain, relocate, alter, improve, or adjust the Building or the Project shall be subject to the condition that (i) the exercise of any of such rights shall not materially and adversely interfere with Tenant’s use of the Premises or materially decrease the number of Tenant’s parking spaces, (ii) Landlord shall provide reasonable prior notice to Tenant before exercising any such rights which may materially and adversely interfere with Tenant’s, provided that such business is in accordance with the Permitted Use, and (ii) Landlord shall use its reasonable efforts to minimize to the extent possible any significant interference with Tenant’s business, provided that such business is in accordance with the Permitted Use, including, when reasonable, scheduling such work after business hours or on weekends. ~~32.2~~13.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 13.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~13.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Halozyme Therapeutics Inc)

Appears in 1 contract

Samples: Lease (Gritstone Oncology, Inc.)

Appears in 1 contract

Samples: Lease (Epizyme, Inc.)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by and consistent with the other terms in this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building and the other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project (including to other tenant premises) pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project or delegate such rights to other tenants performing work in their respective premises; and alter or relocate any other Common Area or facility, including private drives, lobbies, elevators, loading areas, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Tenant acknowledges that the Building is under development, that there may be construction in the Common Areas and other tenant premises in the Building from time to time during the Term, and that Landlord shall not be liable for any rent abatement or compensation by reason of inconvenience, annoyance, or loss of business resulting from such construction. Landlord shall use a commercially reasonable effort in the exercise of its rights under this Section not to unreasonably interfere with Tenant’s use of the Premises for the Permitted Uses. Further, Tenant shall be primarily responsible for taking any precautions Tenant deems necessary with respect to its business operations in the Premises to mitigate construction impacts such as sound and vibration from other parts of the Project. Landlord shall, in any construction at the Building undertaken by Landlord or its affiliates, exercise all reasonable efforts and work cooperatively with Tenant to minimize interference from noise and dust of such construction. ~~32.2.~~ 14.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord; provided, however, that such possession shall not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. 14.3 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3.~~ 14.4 Landlord may, at any and all reasonable times during ~~non-~~business hours (or during non-business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time. Notwithstanding the foregoing, Tenant shall have the right to have a representative of Tenant accompany Landlord at such times; provided, however, if Tenant’s representative is not available or does not elect to accompany Landlord at the times that Landlord has requested access, then such unavailability shall not prohibit or otherwise restrict Landlord’s access, and Landlord may access the Premises with or without Tenant’s representative present. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Pyxis Oncology, Inc.)

Project Control by Landlord. ~~32.1~~31.1. Subject to Sections 2.1.9 and 10, Landlord reserves full control over the Building ~~and the Project~~ to the extent not inconsistent with Tenant’s 's enjoyment of the Demised Premises ~~as provided by~~ under the terms of this Lease. This reservation ~~includes~~includes but is not limited to right of Landlord to expand the Building into a larger project, ~~without limitation, Landlord’s right to~~ subdivide the ~~Project~~real property upon which the Building is located, convert the Building ~~and other buildings within the Project~~ to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of the Building separate from fee title to the ~~Property~~Land. ~~32.2~~31.2. Landlord further reserves the right to combine the Building with any other project in the area of the Building and owned by Landlord or its affiliates. 31.3. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created or increased in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3~~31.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice of not less than 24 hours (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9)~~ 9 months of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the ~~Project~~ Building scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent ~~xxxxx as~~ abatx xx a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Demised Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a an unlawful detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Antex Biologics Inc)

Project Control by Landlord. ~~32.1~~31.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s 's enjoyment of the Demised Premises ~~as provided by~~ pursuant to the terms of this Lease. This reservation ~~includes~~includes but is not limited to right of Landlord to expand the Project, ~~without limitation, Landlord’s right to~~ subdivide the Project, convert the Building and or other buildings within the Project to condominium units, the right to grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of the Building separate from fee title to the ~~Property~~land on which the Building is located. Notwithstanding anything to the contrary set forth herein, Landlord shall not (i) alter the Demised Premises without Tenant's consent, which shall not be unreasonably withheld, conditioned or delayed with respect to nonmaterial alterations which do not affect Tenant's use of the Demised Premises as contemplated by this Lease or as may be required by any governmental entity, or (ii) grant any rights to any third party to occupy any portion of the Demised Premises or any of the parking spaces of Tenant which comprise the Parking Allotment. ~~32.2~~31.2. Landlord further reserves the right to combine the Project with any other project in the area of the Project and owned by Landlord or its affiliates. 31.3. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3~~31.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any ~~service~~ service, perform any obligation or exercise any right which Landlord is permitted to exercise or required to ~~provide~~ supply or perform hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9) months~~ year of the Term, tenants, (d) post notices of nonresponsibility, and (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers. Tenant, at Tenant's sole cost and expense, shall have the right to require that a representative of Tenant accompany Landlord during any such entry (~~f) alter~~provided that Landlord shall not be required to seek accompaniment of Tenant if an emergency necessitates an immediate entry), ~~improve~~ and Tenant shall not unreasonably withhold, condition or ~~repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary~~delay scheduling such accompaniment. In connection with any such alteration, improvement or ~~repair as described in Subsection 32.3(f) above~~repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the ~~alteration, improvement or repair~~ work to be performed. In no event shall Tenant’s 's Rent ~~xxxxx as~~ abatx xx a result of ~~Landlord’s activities pursuant to this Section 32.3~~any such entry or work; provided, however, that all such ~~activities~~ work shall be ~~conducted~~ done in such a manner so as to cause as little interference to with the use of the Demised Premises as contemplated by this Lease by Tenant and its permitted subtenants as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the ~~Premises~~Demised Premises subject to Tenant's rights to establish "secure" areas pursuant to Section 10.5. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever force is necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a an unlawful detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Cytrx Corp)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by and consistent with the other terms in this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord; provided, however, that such possession shall not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time. Notwithstanding the foregoing, Tenant shall have the right to have a representative of Tenant accompany Landlord at such times; provided, however, if Tenant’s representative is not available or does not elect to accompany Landlord at the times that Landlord has requested access, then such unavailability shall not prohibit or otherwise restrict Landlord’s access, and Landlord may access the Premises with or without Tenant’s representative present. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project temporary scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Omega Therapeutics, Inc.)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises and does not diminish Tenant’s parking rights in the Common Areas as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances. ~~32.2.~~ 14.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord to the extent not inconsistent with Tenant’s enjoyment of the Premises. 14.3 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises or diminishes Tenant’s parking rights in the Common Areas as provided by for in this Lease. ~~32.3.~~ 14.4 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above,~~ 14.4(f). Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (aTYR PHARMA INC)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the ~~Project, convert~~ Project and/or the ~~Building and other buildings within~~ Unit; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to ~~condominium units,~~ the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building or the Unit separate from fee title to the ~~Property. 32.2~~Project; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, landscaping, lobbies and entrances; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant ~~shall~~acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, ~~at Landlord’s request~~however, ~~promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided~~ that Tenant ~~need~~ shall not ~~execute any document that creates additional liability for Tenant or that deprives Tenant~~ be deprived of the ~~quiet enjoyment and~~ use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. The Condominium Common Areas, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance, inspection, display and repair thereof are hereby reserved to the Association. The Association reserves the right to alter, improve, modify and, to the extent necessary to temporarily block off access to portions of the Condominium Common Areas in accordance with the terms of the Declaration, provided, however, that so long as ~~provided by this Lease~~Landlord or an affiliate thereof controls the Association, Landlord shall use reasonable efforts to ensure that such rights are exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. The Unit Common Areas, and the use thereof and access thereto through the Premises for the purposes of operation, maintenance, inspection, display and repair thereof are hereby reserved to Landlord. Landlord reserves the right to alter, improve, modify and, to the extent necessary to temporarily block off access to portions of the Unit Common Areas, provided, however, Landlord shall use reasonable efforts to exercise such rights in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. ~~32.3.~~ 14.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord in common with Tenant. 14.3 If Landlord does not control the Association, Landlord shall enforce the Declaration in a commercially reasonable manner in accordance with the terms of the Declaration and in its capacity as a Unit Owner thereunder. 14.4 Landlord may, at any and all reasonable times during non-business hours (or during business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective purchasers or tenants during the final year of the Term and current and prospective lenders at any time during the Term. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except~~ Upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), the Association, its agents or employees may enter the Premises at all reasonable times (including normal business hours), and at any time in the event of an ~~emergency involving~~ emergency, in order to make repairs, alterations, improvements and additions to the ~~risk~~ Condominium Common Areas required of ~~serious injury~~ the Association under the terms of the Declaration; provided, however, to the extent that Landlord controls the Association, Landlord shall use reasonable efforts to ensure that such rights are exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Notwithstanding anything contained herein to the contrary, except in the event of an emergency, Landlord shall not enter (and so long as Landlord controls the Association, Landlord shall not permit the Association to enter) any areas reasonably designated by Tenant as “clean space” without Tenant’s prior consent, but neither Landlord nor the Association shall have any liability to Tenant if this results in delays in the performance of any services or ~~damage~~ obligations. Notwithstanding anything to ~~persons~~ the contrary in this Lease, if Tenant’s use and occupancy of the premises for the Permitted Use is materially adversely affected by Landlord’s entry into the Premises for repairs or ~~property~~maintenance (and such repairs or maintenance do not result from an act or omission of Tenant or any Tenant Party or Tenant’s failure to comply with its repair and maintenance obligations hereunder) for more than five (5) consecutive business days following written notice to Landlord, ~~any entry~~ then Tenant’s Base Rent and Operating Expenses (or, to the extent that less than all of the Premises ~~pursuant to this Section 32.3~~ are affected, a proportionate amount (~~other than for routine janitorial service~~based on the Rentable Area of the Premises that is rendered unusable) of Base Rent and Operating Expenses) shall be ~~arranged in advance with Tenant~~abated commencing on the later to occur of (i) the first (1st) business day after such interruption, or (ii) the date on which Tenant ceases its use and ~~all such entries shall be guided~~ occupancy of the Premises (or portion thereof) for the Permitted Use, until the Premises are again usable by a Tenant ~~representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter~~ for the ~~reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab~~Permitted Use.

Appears in 1 contract

Samples: Lease (Spark Therapeutics, Inc.)

Project Control by Landlord. ~~32.1.~~ 14.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with ~~Tenant~~Xxxxxx’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the Building ~~and other buildings within the Project~~ to condominium units, ; change the size of the Project by selling or transferring all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee or leasehold title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2.~~ 14.2 Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3 Tenant shall, at ~~Landlord~~Xxxxxxxx’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for ~~Tenant~~ Tenant, materially decreases Tenant’s rights under this Lease, or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3.~~ 14.4 Landlord may, at any and all reasonable times during ~~non-~~business hours (or during non-business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be oral or by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations ~~hereunder~~hereunder (in which case, Landlord may be accompanied by representatives of Ground Lessor), (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants during the final year of the Term and current and prospective purchasers and lenders at any time, or permit a future tenant of the Premises to inspect and measure the Premises in anticipation of such tenant’s future occupancy of the Premises. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall ~~Tenant~~Xxxxxx’s Rent xxxxx as a result of ~~Landlord~~Xxxxxxxx’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in ~~the event~~ case of an emergency ~~involving~~ or in connection with the ~~risk~~ provision of ~~serious injury or damage~~ services performed by Landlord under this Lease, Tenant shall have a reasonable opportunity to ~~persons or property,~~ have a representative of Tenant accompany Landlord during any entry of into the Premises pursuant to this ~~Section 32.3 (other than for routine janitorial service)~~ Section; provided, however, if Tenant’s representative is not available or does not elect to accompany Landlord at the times that Landlord has requested access, then such unavailability shall ~~be arranged in advance with Tenant~~not prohibit or otherwise restrict Landlord’s access, and ~~all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a~~ Landlord may access the Premises with or without Tenant’s representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference labpresent.

Appears in 1 contract

Samples: Lease Agreement (Turnstone Biologics Corp.)

Appears in 1 contract

Samples: Lease (Intellia Therapeutics, Inc.)

Appears in 1 contract

Samples: Lease (Inovio Pharmaceuticals, Inc.)

Project Control by Landlord. ~~32.1~~15.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building and other buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. ~~32.2~~15.2. [Intentionally omitted] 15.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this ~~Lease~~Lease and materially affects any rights or remedies hereunder; provided, however, that nothing in this Section 15.3 shall relieve Tenant of its obligations under Article 31. ~~32.3~~15.4. Subject to the provisions of Section 13.5 above, Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of ~~nonresponsibility,~~ nonresponsibility and (e) access the telephone equipment, electrical substation and fire ~~risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary~~risers. In connection with any such alteration, improvement or repair as described in ~~Subsection 32.3(f) above~~this Section 15.4, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~15.4; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Revance Therapeutics, Inc.)

Appears in 1 contract

Samples: Lease (Ignyta, Inc.)

Appears in 1 contract

Samples: Lease (Relay Therapeutics, Inc.)

Project Control by Landlord. ~~32.1.~~ Landlord reserves full control over the Building and the Project to the extent not inconsistent with ~~Tenant~~Xxxxxx’s enjoyment of the Premises as provided by this Lease. ~~This reservation includes, without limitation, Landlord’s~~ Tenant acknowledges that Landlord specifically reserves the right to ~~subdivide~~ allow the ~~Project~~exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, ~~convert~~ however, that Tenant shall not be deprived of the ~~Building~~ use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. Possession of areas of the Premises necessary for utilities, services, safety and ~~other buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership~~ operation of the Building ~~separate from fee title~~ is reserved to ~~the Property. 32.2~~Landlord. Tenant shall, at ~~Landlord~~Xxxxxxxx’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease~~. 32.3~~. Subject to the last sentence of this Section, Landlord may, at any and all reasonable times ~~during non-business hours (or during business hours if Tenant so requests), and~~ upon twenty-four (24) hours’ prior notice (by email to the office manager or other Tenant-designated individual at the Premises; but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) ~~show~~ alter, improve or repair any portion of the Building other than the Premises for which access to ~~prospective purchasers or tenants during~~ the ~~last nine (9) months of the Term~~Premises is reasonably necessary, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) ~~alter, improve or repair any portion~~ show the Premises to prospective tenants during the final six (6) months of the ~~Building other than the Premises for which access to the Premises is reasonably necessary~~Term and current and prospective purchasers and lenders at any time. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(c), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant and its operations as is reasonably possible. ~~Landlord~~ Notwithstanding the foregoing, Xxxxxxxx’s right to access certain secure areas within the Premises shall be subject to strict compliance with Tenant’s security protocols, which shall include at a minimum being accompanied at all times ~~retain a key with which to unlock all~~ by appropriate escort or security personnel of the doors in the Premises. If an emergency involving risk of serious injury or damage to persons or property necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease

Project Control by Landlord. ~~32.1.~~ 33.1 Landlord reserves full control over the ~~Building~~ Buildings and the Project to the extent not inconsistent with Tenant’s use and enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the ~~Building~~ Buildings and other buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the ~~Building~~ Buildings separate from fee title to the ~~Property~~Property provided that the foregoing is at no cost to Tenant, does not increase Tenant’s costs or materially adversely affect Tenant’s rights hereunder. ~~32.2.~~ 33.2 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for ~~Tenant~~ Tenant, materially impairs any of Tenant’s rights under this Lease or ~~that~~ deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. ~~32.3.~~ 33.3 Landlord may, at any and all reasonable times during ~~non-~~business hours (or during non-business hours if Tenant so requests), and upon ~~twenty-four~~ one (241) ~~hours’~~ business day’s prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants (but with respect to tenants, only during the ~~last nine (9) months~~ final year of the Term), (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the ~~Building~~ Buildings other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f~~33.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~33.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain ~~a key with which to unlock all of the doors~~ access rights in the ~~Premises~~Premises pursuant to the terms set forth in Section 11.5. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. ~~Except in~~ In accordance with the ~~event~~ Confidentiality Agreement, Landlord and Tenant and their agents shall keep confidential any information they obtain as a result of ~~an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to~~ acting under this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference labSubsection.

Appears in 1 contract

Samples: Lease Agreement (Acorda Therapeutics Inc)

Appears in 1 contract

Samples: Lease Agreement (Carbylan Therapeutics, Inc.)

Project Control by Landlord. ~~32.1~~30.1. Landlord reserves full control over the ~~Building and the Project~~ Demised Premises to the extent not inconsistent with the terms of this Lease and Tenant’s 's enjoyment of the ~~Premises as provided by this Lease~~Demised Premises. This reservation ~~includes, without limitation, Landlord’s~~ includes but is not limited to right of Landlord to (i) subdivide the ~~Project, convert~~ real property upon which the Building ~~and other buildings within the Project to condominium units~~is located, (ii) grant easements and licenses to ~~third parties,~~ others and (iii) maintain or establish ownership of the Building separate from fee title to the ~~Property~~land on which the Building is located. ~~32.2~~30.2. Landlord further reserves the right to combine the land comprising the Demised Premises with any other project in the area of the Demised Premises and owned by Landlord or its affiliates. 30.3. Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action, provided that Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant ~~or that deprives~~ or, if by reason of the terms of such document, Tenant will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3~~30.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), but in any event, provided that Landlord shall make commercially reasonable efforts to maintain the confidentiality of Tenant's business, enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers ~~or tenants~~ or, during the last ~~nine (9) months~~ year of the Term, tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency involving risk of serious injury or damage to persons or property necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.,

Appears in 1 contract

Samples: Lease Agreement (Arena Pharmaceuticals Inc)

Appears in 1 contract

Samples: Lease (NanoString Technologies Inc)

Project Control by Landlord. ~~32.1~~15.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s quiet enjoyment of the Premises as provided by this Lease and its rights granted hereunder, and not inconsistent with Landlord’s performance of all of its obligations under this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant easements and licenses to third ~~parties~~parties (other than to the Premises), and maintain or establish ownership of the Building separate from fee title to the Property. ~~32.2~~15.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 15.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises for the Permitted Use or otherwise adversely modifies any of Tenant’s rights or obligations as ~~provided by~~ agreed upon in this Lease. ~~32.3~~15.4. Subject to its adherence with the procedure set forth in this Section 15.4, Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), may enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the roof, telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. ~~In connection with any such alteration, improvement or repair as described in Subsection 32.3(f~~At least two (2) ~~above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work~~ business days prior to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency involving risk of serious injury or damage to persons or property necessitates immediate access to entering the Premises, Landlord ~~may use whatever force is necessary to enter the Premises, and any such entry to the Premises~~ shall ~~not constitute a forcible~~ (x) give Tenant oral or ~~unlawful entry to the Premises, a detainer~~ written notice of the ~~Premises~~times and dates it wishes to do so, ~~or an eviction~~ (y) make arrangements with Tenant to have a representative of Landlord be accompanied by a representative of Tenant ~~from~~ (the ~~Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3~~ “Tenant Representative”) (~~other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative;~~ provided that Tenant shall make such a representative reasonably available~~. Under no circumstances shall~~ ) and (z) cause each person accessing the Premises at the request of Landlord (other than Landlord or its employees, Tenant any ~~party be allowed~~ Tenant Representative, or any Governmental Authority or agent thereof) to ~~enter the reference lab located~~ sign an Access & Confidentiality Agreement in the ~~Premises~~form of Exhibit D attached hereto (a “Confidentiality Agreement”) or such other form reasonably acceptable to Landlord and Tenant. The advance notice agreed upon shall not apply in the event of emergencies (i.e., ~~but parties~~ situations posing an imminent threat of bodily harm or substantial property damage); provided that Landlord shall use commercially reasonable efforts to notify Tenant of Landlord’s entry as soon as reasonably practicable (either before or after such entry). All access by Landlord into the Premises shall be ~~permitted~~ in accordance with Applicable Laws and this Lease. Landlord further agrees that Tenant may in every event and without exception deny access to ~~view~~ any employee of a major competitor identified on Exhibit G attached hereto for so long as the ~~reference lab through an open door while standing outside~~ Tenant occupies the ~~reference lab.~~Premises; provided that Tenant may not otherwise deny access to any person employed by a vendor that Landlord engages to perform Landlord’s maintenance and other obligations under this Lease and that signs

Appears in 1 contract

Samples: Lease (Avi Biopharma Inc)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the 10421 Building, the 10431 Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s right to subdivide the Project, ; convert the 10421 Building, the 10431 Building and other buildings within the Project to condominium units, ; change the size of the Project by selling all or a portion of the Project or adding real property and any improvements thereon to the Project; grant easements and licenses to third parties~~, and~~ ; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Building and the Project; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project; and alter or relocate any other Common Area or facility, including private drives, lobbies, entrances and landscaping; provided, however, that such rights shall be exercised in a way that does not materially adversely affect Tenant’s rights or obligations under this Lease including, without limitation, Tenant’s beneficial use and occupancy of the Premises, including the Permitted Use and Tenant’s access to the Premises. Tenant acknowledges that Landlord specifically reserves the right to allow the exclusive use of corridors and restroom facilities located on specific floors to one or more tenants occupying such floors; provided, however, that Tenant shall not be deprived of the use of the corridors reasonably required to serve the Premises or of restroom facilities serving the floor upon which the Premises are located. ~~32.2~~14.2. Possession of areas of the Premises necessary for utilities, services, safety and operation of the 10421 Building and/or the 10431 Building is reserved to Landlord. In exercising 14.3. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that materially and adversely affects Tenant’s rights or obligations under this Lease, creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises or materially decreases Tenant’s parking allocation as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during ~~non-~~business hours (or during non-business ~~hours~~ hours, if (a) with respect to Subsections 14.4(u) through 14.4(y), Tenant so requests, and (b) with respect to Subsection 14.4(z), if Landlord so requests), and upon twenty-four (24) hours’ prior notice (which may be by email to the Tenant-designated individual at the Premises (as of the Execution Date, the Tenant designated email for purposes of this provision shall be xxxxxxx@xxxxxxxx.xxx); but provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (au) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (bv) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the last nine (9) months of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (fw) alter, improve or repair any portion of the 10421 Building or the 10431 Building other than the Premises for which access to the Premises is reasonably necessary, (x) post notices of nonresponsibility, (y) access the telephone equipment, electrical substation and fire risers and (z) show the Premises to prospective tenants, or permit a future tenant of the Premises to inspect and measure the Premises in anticipation of such tenant’s future occupancy of the Premises during the final nine (9) months of the Term and show the Premises to current and prospective purchasers and lenders at any time. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(w), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this ~~Section 32.3~~Section; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in ~~the event~~ case of an emergency ~~involving~~ or in connection with the ~~risk~~ provision of ~~serious injury or damage~~ services performed by Landlord under this Lease, Tenant shall have a reasonable opportunity to ~~persons or property,~~ have a representative of Tenant accompany Landlord during any entry of into the Premises pursuant to this ~~Section 32.3 (other than for routine janitorial service)~~ Section; provided, however, if Tenant’s representative is not available or does not elect to accompany Landlord at the times that Landlord has requested access, then such unavailability shall ~~be arranged in advance with Tenant~~not prohibit or otherwise restrict Landlord’s access, and Landlord may access the Premises with or without Tenant’s representative present. 14.5. During the Term, Tenant shall, subject to Force Majeure, casualty and all ~~such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed~~ of the other terms, conditions and provisions of this Lease, have access to ~~enter~~ the ~~reference lab located in the Premises~~Premises twenty-four (24) hours per day, ~~but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab~~seven (7) days per week.

Appears in 1 contract

Samples: Lease Agreement (Codex DNA, Inc.)

Project Control by Landlord. 32.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. 32.2. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. 32.3. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent ~~xxxxx~~ axxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Cytrx Corp)

Appears in 1 contract

Samples: Lease (Protagonist Therapeutics, Inc)

Appears in 1 contract

Samples: Lease (BIND Therapeutics, Inc)

Project Control by Landlord. ~~32.1.~~ 30.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s 's enjoyment of the ~~Premises as provided by this Lease~~Demised Premises. This reservation ~~includes, without limitation, Landlord’s~~ includes but is not limited to right of Landlord to ~~subdivide~~ expand the Project, ~~convert~~ the ~~Building and other buildings within the Project~~ right to ~~condominium units,~~ grant easements and licenses to ~~third parties,~~ others and the right to maintain or establish ownership of the Building separate from fee title to land on which the ~~Property~~Building is located as long as Tenant's use of and quiet enjoyment of the Demised Premises shall not be adversely affected. ~~32.2.~~ 30.2 Tenant shall, ~~at Landlord’s~~ should Landlord so request, promptly ~~execute~~ join with Landlord in execution of such ~~further~~ documents as may be reasonably appropriate to assist Landlord ~~in the performance of its obligations hereunder;~~ to implement any such action provided ~~that~~ Tenant need not execute any document ~~that creates additional~~ which is of nature wherein liability ~~for~~ is created in Tenant, Tenant's obligations under this Lease are materially changed or increased or if by reason of the terms of such document, Tenant ~~or that deprives Tenant~~ will be deprived of the quiet enjoyment and use of the Demised Premises as ~~provided~~ granted by this Lease. ~~32.3.~~ 30.3 Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty-four (24) hours’ prior~~ reasonable advance notice (provided that no time restrictions shall apply or advance notice need be ~~required~~ given if an emergency necessitates an immediate entry), enter the Demised Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Demised Premises to prospective lenders, insurers, investors, purchasers or ~~tenants during the last nine (9) months of the Term~~tenants, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire ~~risers~~ risers, and (f) alter, improve or repair any portion of the Building other than the ~~Premises~~ Demised Premises, but for which access to the Demised Premises is ~~reasonably~~ necessary. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities Such entry shall be ~~conducted~~ accomplished as expeditiously as reasonably possible and in ~~such~~ a manner so as to cause as little interference to Tenant as is reasonably possible. In connection with any such alteration, improvement or repair, Landlord may erect in the Demised Premises or elsewhere in the Building or the Project scaffolding and other structures reasonably required for the work to be performed. In no event shall Tenant's Rent abatx xx a result of any such entry or work; provided, however, that all such work shall be done in such a manner as to cause as little interference to Tenant as reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Demised Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Demised Premises, Landlord may use whatever ~~force is~~ forces necessary to enter the ~~Premises,~~ Demised Premises and any such entry to the Demised Premises shall not constitute a forcible or unlawful entry to the Demised Premises, a detainer of the Demised Premises, or an eviction of Tenant from the ~~Premises~~ Demised Premises, or ~~any~~ an portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Trega Biosciences Inc)

Project Control by Landlord. 32.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building ~~and other buildings within the Project~~ to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. 32.2. Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. 32.3. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon ~~twenty~~forty-~~four~~ eight (2448) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the ~~Premises~~ Premises, provided that Landlord takes commercially reasonable steps to minimize any effects on the operation of Tenant’s business, to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. Notwithstanding the foregoing, except in an emergency, Landlord shall not have access to Tenant’s information technology (“IT”), including but not limited to computer equipment and any adjoining telephone equipment. In connection with any such alteration, improvement or repair as described in Subsection 32.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent xxxxx as a result of Landlord’s activities pursuant to this Section 32.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (CardioVascular BioTherapeutics, Inc.)

Appears in 1 contract

Samples: Lease Agreement (Synlogic, Inc.)

Appears in 1 contract

Samples: Lease (Unity Biotechnology, Inc.)

Project Control by Landlord. ~~32.1.~~ 35.1 Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant’s enjoyment of the Premises as provided by this Lease. This reservation includes, without limitation, Landlord’s right to subdivide the Project, convert the Building and other buildings within the Project to condominium units, grant easements and licenses to third parties, and maintain or establish ownership of the Building separate from fee title to the Property. ~~32.2.~~ 35.2 Tenant shall, at Landlord’s request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by this Lease. ~~32.3.~~ 35.3 Landlord may, at any and all reasonable times during non-~~business hours~~ Business Hours (or during ~~business hours~~ Business Hours if Tenant so requests), and upon no less than twenty-four (24) hours’ prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of nonresponsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f~~33.3(f) above, Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed. In no event shall Tenant’s Rent ~~xxxxx~~ axxxx as a result of Landlord’s activities pursuant to this Section ~~32.3~~33.3; provided, however, that all such activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease Agreement (Epicept Corp)

Project Control by Landlord. ~~32.1~~14.1. Landlord reserves full control over the Building and the Project to the extent not inconsistent with Tenant~~’s enjoyment of the Premises as provided by~~ 's rights under this Lease. This reservation ~~includes, without limitation,~~ includes Landlord’s 's right to subdivide the Project, ; convert the ~~Building and other buildings within the Project~~ Lower Campus to condominium units, ; grant easements and licenses to third ~~parties,~~ parties provided that no such easement or license materially and adversely affects Tenant's use or occupancy of the Premises for the Permitted Use; maintain or establish ownership of the Building separate from fee title to the Property; make additions to or reconstruct portions of the Lower Campus provided the same does not unreasonably interfere with Tenant's use of the Premises; install, use, maintain, repair, replace and relocate for service to the Premises and other parts of the Building or the Project pipes, ducts, conduits, wires and appurtenant fixtures, wherever located in the Premises, the Building or elsewhere at the Project, provided the same does not materially and adversely interfere with Tenant's use of the Premises; and alter or relocate any other Common Area or facility, including private drives, lobbies and entrances located on the Lower Campus provided the same does not unreasonably interfere with Tenant's use of the Premises. ~~32.2~~14.2. Subject to the provisions of Article 43 and Section 31.14, possession of areas of the Premises necessary for utilities, services, safety and operation of the Building is reserved to Landlord. 14.3. Tenant shall, at Landlord’s 's request, promptly execute such further documents as may be reasonably appropriate to assist Landlord in the performance of its obligations hereunder; provided that Tenant need not execute any document that creates additional liability for Tenant, that imposes additional obligations on Tenant or that deprives Tenant of the quiet enjoyment and use of the Premises as provided by for in this Lease. ~~32.3~~14.4. Landlord may, at any and all reasonable times during non-business hours (or during business hours if Tenant so requests), and upon twenty-four (24) hours’ ' prior notice (provided that no time restrictions shall apply or advance notice be required if an emergency necessitates immediate entry), enter the Premises to (a) inspect the same and to determine whether Tenant is in compliance with its obligations hereunder, (b) supply any service Landlord is required to provide hereunder, (c) show the Premises to prospective purchasers or tenants during the ~~last nine (9) months~~ final year of the Term, (d) post notices of ~~nonresponsibility~~non-responsibility, (e) access the telephone equipment, electrical substation and fire risers and (f) alter, improve or repair any portion of the Building other than the Premises and other than areas for which access to the Premises is reasonably necessary. In connection with any such alteration, improvement or repair as described in Subsection ~~32.3(f) above~~14.4(f), Landlord may erect in the Premises or elsewhere in the Project scaffolding and other structures reasonably required for the alteration, improvement or repair work to be performed, provided the same does not materially and adversely impair Tenant's use of the Premises. In no event shall Tenant’s 's Rent ~~xxxxx~~ abate as a result of Landlord’s 's activities pursuant to this ~~Section 32.3~~Section; provided, however, that all ~~such~~ xxxx activities shall be conducted in such a manner so as to cause as little interference to Tenant as is reasonably possible. Landlord shall at all times retain a key with which to unlock all of the doors in the Premises. If an emergency ~~involving risk of serious injury or damage to persons or property~~ necessitates immediate access to the Premises, Landlord may use whatever force is necessary to enter the Premises, and any such entry to the Premises shall not constitute a forcible or unlawful entry to the Premises, a detainer of the Premises, or an eviction of Tenant from the Premises or any portion thereof. Except in the event of an emergency involving the risk of serious injury or damage to persons or property, any entry of the Premises pursuant to this Section 32.3 (other than for routine janitorial service) shall be arranged in advance with Tenant, and all such entries shall be guided by a Tenant representative; provided that Tenant shall make such a representative reasonably available. Under no circumstances shall any party be allowed to enter the reference lab located in the Premises, but parties shall be permitted to view the reference lab through an open door while standing outside the reference lab.

Appears in 1 contract

Samples: Lease (Macrogenics Inc)

Common use of Project Control by Landlord Clause in Contracts