RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ prior notice (except in the case of an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency), have the right to re-enter the Premises to inspect the Premises, to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement or repair is requested by Tenant hereunder or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed and provided that the performance of any such work is coordinated in advance with Tenant to the extent commercially practicable). Further, Landlord shall have the right to re-enter the Premises, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenants. Landlord’s entry into the Premises in accordance with this Section 16 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges in connection therewith, except as expressly set forth below. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable efforts during re-entry to minimize any interference with Tenant’s Permitted Use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement
Appears in 1 contract
Samples: Lease Agreement (Brocade Communications Systems Inc)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable timestimes have the right to re-enter the Premises, upon no less than 24 hours’ reasonable prior notice (except in the case of an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have for the right to re-enter the Premises following purposes: to inspect the Premises, same; to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service); to show the Premises to prospective purchasers, Mortgagees or tenants (as to prospective tenants other than prospective tenants of any recaptured space, only during the last twelve (12) months of the Term); to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and nonresponsibility; to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement thereof as required or repair is requested allowed by Tenant hereunder this Lease or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant law (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed performed); and provided that to take, or allow other parties (including, without limitation, government entities) to take, any actions contemplated by the performance Declaration or the CC&Rs, or in connection with the remediation orders described in Paragraph 39 [Hazardous Materials], the Clean-Up Facilities or related monitoring or remediation of any such work is coordinated in advance with Tenant to the extent commercially practicable)Hazardous Materials. FurtherIn addition, Landlord reserves and shall at all times have the right to re-enter access and entry to the PremisesCommon Area, during normal business hours onlywithout limitation or restriction, upon no less than 24 hours’ prior notice, with a Tenant escort at for all times, and subject to Tenant’s reasonable security precautions, to show of the Premises to prospective purchasers, Mortgagees or tenantsforegoing purposes. Landlord’s entry into the Premises in accordance with this Section 16 Landlord shall not be construed liable in any manner for any inconvenience, disturbance, loss of business, nuisance or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant other damage arising from the Premises Landlord’s or any portions thereof, third party’s (including without limitation pursuant to the Declaration or the CC&Rs) entry and acts pursuant to this Paragraph 19. Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in connection therewiththis paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly set forth belowto the extent caused by Landlord’s gross negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem reasonably determines are necessary or proper to open said doors on the Premises in an emergency, emergency in order to obtain entry to any portion of the Premises, and any . Any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable best efforts during re-entry to minimize any interference not unreasonably interfere with Tenant’s Permitted Use use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ reasonable prior notice (except in the case of an emergency), and subject to Tenant’s 's reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises and Building to inspect the PremisesPremises and Building, to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement as required or repair is requested allowed by Tenant hereunder or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant this Lease (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises Building where reasonably required by the character of the work to be performed and provided that the performance of any such work is coordinated in advance with Tenant to the extent commercially practicableperformed). Further, Landlord shall have the right to re-enter the Premisesand, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenantstenants (but after a Reinstatement, as to prospective purchasers and tenants only during the last eighteen (18) months of the Term). Landlord’s entry into the Premises in accordance with this Section 16 Landlord shall not be construed liable in any manner for any inconvenience, disturbance, loss of business, nuisance or deemed other damage arising from Landlord's entry and acts pursuant to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, this Paragraph and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in connection therewiththis paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly set forth belowfor Landlord's active negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Building or Premises, excluding Tenant’s 's vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Building or Premises, and any entry to the Building or Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Building or Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable efforts during re-entry to minimize any material, unreasonable interference with Tenant’s Permitted Use 's use of the Premises and Building or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
Samples: Lease Agreement (Handspring Inc)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, times have the right to re-enter the Premises upon no less than 24 hours’ reasonable prior notice (except in the case of an emergency), and subject to Tenant’s 's reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premises, same; to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service); to show the Premises to prospective purchasers, Mortgagees or tenants (as to prospective tenants other than prospective tenants of any recaptured space, only during the last eighteen (18) months of the initial Term or the last twenty-four (24) months of any Extension Term); and to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and nonresponsibility; to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement thereof as required or repair is requested allowed by Tenant hereunder this Lease or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant law (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed and provided that the performance of any such work is coordinated in advance with Tenant to the extent commercially practicableperformed). Further, Landlord shall have the right to re-enter the Premises, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenants. Landlord’s entry into the Premises in accordance with this Section 16 shall not be construed liable in any manner for any inconvenience, disturbance, loss of business, nuisance or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant other damage arising from the Premises Landlord's or any portions thereof, third party's entry and acts pursuant to this Paragraph 19 unless caused by Landlord's gross negligence or willful misconduct. Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges in connection therewith, except as expressly set forth below. For each of the aforesaid purposes, if Landlord shall at all times have and retain a key with which to unlock all of the doors exercises any rights reserved in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable efforts during re-entry to minimize any interference with Tenant’s Permitted Use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement
Appears in 1 contract
Samples: Lease Agreement (Vivus Inc)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, times have the right to re-enter the Premises upon no less than 24 hours’ reasonable prior notice (except in the case of an emergency), and subject to Tenant’s 's reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premises, same; to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service); to show the Premises to prospective purchasers, Mortgagees or tenants (as to prospective tenants other than prospective tenants of any recaptured space, only during the last eighteen (18) months of the initial Term or the last twenty-four (24) months of any Extension Term); to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and nonresponsibility; to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement thereof as required or repair is requested allowed by Tenant hereunder this Lease or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant law (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed performed); and provided that to take, or allow other parties to take, any actions contemplated by the performance of any such work is coordinated in advance with Tenant to the extent commercially practicable)CC&Rs. Further, Landlord shall have the right to re-enter the Premises, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenants. Landlord’s entry into the Premises in accordance with this Section 16 shall not be construed liable in any manner for any inconvenience, disturbance, loss of business, nuisance or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant other damage arising from the Premises Landlord's or any portions thereof, third party's (including without limitation pursuant to the CC&Rs) entry and acts pursuant to this Paragraph 19 unless caused by Landlord's gross negligence or willful misconduct. Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in connection therewiththis paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly set forth belowto the extent caused by Landlord's gross negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem reasonably determines are necessary or proper to open said doors on the Premises in an emergency, emergency in order to obtain entry to any portion of the Premises, and any . Any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable best efforts during re-entry to minimize any interference not unreasonably interfere with Tenant’s Permitted Use 's use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ reasonable prior notice (except in the case of an emergency), and subject to Tenant’s 's reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premises, to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement or repair is requested by Tenant hereunder or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed and provided that the performance of any such work is coordinated in advance with Tenant to the extent commercially practicableperformed). Further, Landlord shall have the right to re-enter the Premisesand, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, to inspect the Premises and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenants (as to prospective tenants, only during the last eighteen (18) months of the Term),. Landlord’s entry into the Premises in accordance with this Section 16 Landlord shall not be construed liable in any manner for any inconvenience, disturbance, loss of business, nuisance or deemed other damage arising from Landlord's entry and acts pursuant to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, this Paragraph and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in connection therewiththis paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly set forth belowfor Landlord's gross negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s 's vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable efforts during re-entry to minimize any interference with not unreasonably materially and adversely affect Tenant’s Permitted Use 's use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
Samples: Lease Agreement (Broadcom Corp)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ reasonable prior notice (twenty-four (24) hours, except in the case of an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premisessame, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to show the Premises to prospective purchasers, mortgagees or tenants (as to prospective tenants, only (i) during the last six (6) months of the Lease Term, (ii) after Tenant has exercised the Acceleration Option (defined in Paragraph 44 below, or (iii) while Tenant is in Default hereunder), to post notices of nonresponsibility non-responsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve (in the case of to alter or improve the interior of the Premises, such entry shall only be in the event so required by laws or by Paragraph 7) or repair the Premises and any portion of the Building which Landlord is obligated to or has the right to alter, improve or repair pursuant to the extent such alteration, improvement or repair is requested by Tenant hereunder or is the obligation terms of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord this Lease and Tenant (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed performed. Landlord shall not be liable to Tenant in any manner for (and provided that Tenant hereby waives any claim for damages for) any inconvenience, disturbance, nuisance or any other loss occasioned by Landlord’s entry into the performance Premises as set forth in this Paragraph 17. Notwithstanding the foregoing, except as set forth in the final Paragraph of any such work is coordinated Paragraph 10(b) or in advance with Paragraph 11 below, Tenant shall not be required to waive claims or liability against Landlord pursuant to the preceding sentence except to the extent commercially practicable). Furtherarising from the negligence or willful misconduct of Landlord, Landlord shall have the right to re-enter the Premisesits employees, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, and subject to Tenantits property manager or its property manager’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenantsemployees. Landlord’s entry into the Premises as set forth in accordance with this Section 16 Paragraph 17 shall not be construed or deemed to be constitute a forcible or unlawful entry into, or a detainer of of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, and nor shall Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges in connection therewith, except as expressly set forth below. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock un-lock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable best efforts during re-entry to minimize any interference not unreasonably interfere with Tenant’s Permitted Use use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
Samples: Lease Agreement (Audience Inc)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ reasonable prior notice (except in the case of an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premisessame, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to show the Premises to prospective purchasers, Mortgagees or tenants (as to prospective tenants, only during the last eighteen (18) months of the Term), to post notices of nonresponsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve or repair the Premises and any portion of the Building to the extent such alteration, improvement or repair is requested by Tenant hereunder or is the obligation of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord and Tenant (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed and provided that the performance of any such work is coordinated in advance with Tenant to the extent commercially practicable)performed. Further, Landlord shall have the right to re-enter the Premisesnot be liable in any manner for any inconvenience, during normal business hours onlydisturbance, upon no less than 24 hours’ prior noticeloss of business, with a Tenant escort at all times, and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees nuisance or tenants. other damage arising from Landlord’s entry into the Premises in accordance with and acts pursuant to this Section 16 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, paragraph and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges if Landlord exercises any rights reserved in connection therewiththis paragraph. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly set forth belowto the extent caused by Landlord’s gross negligence or willful misconduct. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable efforts during re-entry to minimize any interference not unreasonably interfere with Tenant’s Permitted Use use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
Samples: Sublease (Aruba Networks, Inc.)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ reasonable prior notice (twenty-four (24) hours, except in the case of an emergency), and subject to Tenant’s reasonable security precautions requirements and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premisessame, to supply any service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to show the Premises to prospective purchasers, investors, mortgagees or tenants (as to prospective tenants, only: during the last twenty-four (24) months of the Term or at any time a Tenant Default exists), to post notices of nonresponsibility non-responsibility or as otherwise required or allowed by this Lease or by lawLaw, and to alter, improve (in the case of to alter or improve the interior of the Premises, such entry shall only be in the event so required by laws or by Section 7) or repair the Premises and any portion of the Building Buildings which Landlord is obligated to or has the right to alter, improve or repair pursuant to the extent such alteration, improvement or repair is requested by Tenant hereunder or is the obligation terms of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord this Lease and Tenant (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed and provided that the performance of any such work is coordinated in advance with Tenant to the extent commercially practicable)performed. Further, Landlord shall have the right to re-enter the Premisesnot be liable in any manner for any inconvenience, during normal business hours onlydisturbance, upon no less than 24 hours’ prior noticeloss of business, with a Tenant escort at all times, and subject to Tenant’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees nuisance or tenants. other damage arising from Landlord’s entry into the Premises in accordance with and acts pursuant to this Section 16 shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, and Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent if Landlord exercises any rights reserved in this Section. Tenant hereby waives any claim for damages for any injury or Additional Charges in connection therewithinconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, except as expressly set forth belowfor Landlord’s negligence or willful misconduct. For each of the aforesaid purposes, Tenant shall provide reasonable access privileges to Landlord through Tenant’s on-site security personnel and subject to Tenant’s reasonable security requirements, provided, however, that at any time Tenant does not maintain on-site security personnel on a continuous basis, Landlord shall at all times have and retain a key with which to unlock un-lock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance). In an emergency, Landlord shall use commercially reasonable efforts to provide Tenant with notice reasonable in such situation and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any gain entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, and no such emergency entry shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable efforts during re-any such entry to minimize any interference not unreasonably interfere with Tenant’s Permitted Use use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
Samples: Lease Agreement (Synopsys Inc)
RE-ENTRY BY LANDLORD. Landlord reserves and shall at all reasonable times, upon no less than 24 hours’ reasonable prior notice (twenty-four (24) hours, except in the case of an emergency), and subject to Tenant’s reasonable security precautions and the right of Tenant to accompany Landlord at all times (except in case of emergency)times, have the right to re-enter the Premises to inspect the Premisessame, to supply janitor service and any other service to be provided by Landlord to Tenant hereunder (unless Tenant is supplying such service), to show the Premises to prospective purchasers, mortgagees or tenants (as to prospective tenants, only (i) during the last six (6) months of the Lease Term, or (ii) while Tenant is in Default hereunder), to post notices of nonresponsibility non-responsibility or as otherwise required or allowed by this Lease or by law, and to alter, improve (in the case of to alter or improve the interior of the Premises, such entry shall only be in the event so required by laws or by Paragraph 7) or repair the Premises and any portion of the Building which Landlord is obligated to or has the right to alter, improve or repair pursuant to the extent such alteration, improvement or repair is requested by Tenant hereunder or is the obligation terms of Landlord hereunder or is required to cure Tenant’s Default hereunder or to otherwise exercise any of Landlord’s rights or remedies hereunder, or the performance of such work is otherwise agreed to by Landlord this Lease and Tenant (and Landlord may for that purpose erect, use, and maintain scaffolding, pipes, conduits, and other necessary structures in and through the Premises where reasonably required by the character of the work to be performed performed. Landlord shall not be liable to Tenant in any manner for (and provided that Tenant hereby waives any claim for damages for) any inconvenience, disturbance, nuisance or any other loss occasioned by Landlord’s entry into the performance Premises as set forth in this Paragraph 17. Notwithstanding the foregoing, except as set forth in the final Paragraph of any such work is coordinated Paragraph 10(b) or in advance with Paragraph 11 below, Tenant shall not be required to waive claims or liability against Landlord pursuant to the preceding sentence except to the extent commercially practicable). Furtherarising from the negligence or willful misconduct of Landlord, Landlord shall have the right to re-enter the Premisesits employees, during normal business hours only, upon no less than 24 hours’ prior notice, with a Tenant escort at all times, and subject to Tenantits property manager or its property manager’s reasonable security precautions, to show the Premises to prospective purchasers, Mortgagees or tenantsemployees. Landlord’s entry into the Premises as set forth in accordance with this Section 16 Paragraph 17 shall not be construed or deemed to be constitute a forcible or unlawful entry into, or a detainer of of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof, and ; nor shall Tenant shall not be entitled to an abatement or reduction of Monthly Base Rent or Additional Charges in connection therewith, except as expressly set forth below. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock un-lock all of the doors in, upon and about the Premises, excluding Tenant’s vaults and safes, or special security areas (designated in advance), and Landlord shall have the right to use any and all means which Landlord may deem necessary or proper to open said doors in an emergency, in order to obtain entry to any portion of the Premises, and any entry to the Premises, or portion thereof obtained by Landlord by any of said means, or otherwise, shall not under any emergency circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, of the Premises, or an eviction, actual or constructive, of Tenant from the Premises or any portions thereof. Landlord shall use commercially reasonable best efforts during re-entry to minimize any interference not unreasonably interfere with Tenant’s Permitted Use use of the Premises or its business conducted therein. Notwithstanding anything to the contrary set forth herein, if (a) any entry into or closure of the Premises by Landlord pursuant to this Section (i) is not made necessary by the acts or omissions of Tenant or any Tenant Party (including, without limitation, any Default) or by events described in Sections 19 or 20, and (ii) either (A) is made necessary by events or conditions within Landlord’s reasonable control and continues for more than five (5) consecutive business days, or (B) is made necessary by events or conditions outside Landlord’s reasonable control and continues for more than thirty (30) consecutive business days; and (b) during the period of, and as a result of, such entry or closure, the Premises (or a material portion thereof) is rendered unusable by Tenant for the conduct of its business, then Tenant shall be entitled to an abatement.
Appears in 1 contract
Samples: Lease Agreement (Audience Inc)