Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition of the Premises or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project and/or the Premises. Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 above.
Appears in 2 contracts
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises Premises, the Buildings, or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that following Landlord’s completion of construction of the Base Building, Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "“Renovations"”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Except as expressly set forth in Section 19.5.2, aboveNotwithstanding the foregoing, Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor nor, subject to the provisions of Section 19.5.2 above, entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's ’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's ’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord Renovations or Landlord’s actions, provided that the foregoing shall use commercially reasonable efforts not limit Landlord’s liability, if any, pursuant to have all RenovationsApplicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, once startedits agents, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 aboveemployees or contractors.
Appears in 2 contracts
Samples: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Renovations. It is specifically understood and agreed that Landlord has Assignor shall have no obligation and has made no promises liability with regard to alter, remodel, improve, renovate, repair any alterations performed by or decorate for Assignee to the Premises, Projectthe Building or the land upon which the Premises and Building are located. From and after the Effective Date, the provisions of Sections 9.1 and 9.2 shall be deleted in their entirety, and the following inserted therein in their place:
9.1 Landlord is under no obligation to make any alterations, decorations, additions, improvements or other changes in or to the Premises (collectively, "Alterations"). Subject to Tenant's compliance with the provisions of Section 9.2 of this Lease, Landlord hereby agrees that Tenant shall be entitled to perform Alterations on or about the Premises, and Landlord hereby agrees not to unreasonably withhold its consent to (a) interior Alterations made to the Building or Alterations made to the entrances of the Building as reasonably necessary for the conversion of the interior warehouse portion of the Building and the entrances thereto in order to accommodate the worship space for Tenant's religious services, (b) interior Alterations made to the Building as reasonably necessary for the conversion of the interior office portion of the Building to accommodate office, classroom and other support functions, or (c) to the contractors, architects and engineers selected by Tenant to perform such work. In the eve nt Landlord shall determine in the exercise of its reasonable discretion that any such Alterations, or any part thereof such contractor, architect or engineer designated by Tenant is not satisfactory, Landlord shall advise Tenant in writing and that no representations respecting shall state the condition specific reasons therefor. In any event, Landlord shall notify Tenant of the Premises its approval or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. Howeverdisapproval of any such Alterations and/or contractor, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alterarchitect, or modify engineer, as the case may be, within ten (collectively, the "Renovations"10) the Project and/or the Premises. Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and business days after Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or receipt of Tenant's personal property written request accompanied by the plans and specifications, name and qualifications of such architect, contractor and/or engineer, as the case may be. If Landlord fails to notify Tenant of such approval or improvements resulting disapproval and such failure continues for five (5) business days after written notice of such failure from the RenovationsTenant, or for any inconvenience or annoyance occasioned by such Renovations. then Landlord shall use commercially reasonable efforts be deemed to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized approved the Alterations and conducted in a manner which will minimize any interference to Tenant's business operations designated architect, contractor or engineer, as the case may be, so requested by Tenant. In the event that Tenant increa ses the amount of square footage contained within the Building, there shall be no adjustment in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 aboveBase Rent payable hereunder.
Appears in 1 contract
Samples: Assignment of Lease and Amendment to Lease (Gse Systems Inc)
Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition of the Premises or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant Subtenant hereby acknowledges that Sublandlord and/or Landlord may during the Lease Term substantially renovate, improve, alter, or modify the real property underlying and adjacent to Building (collectively“Property”), the "Common Areas and/or Buildings, and/or portions thereof, and/or that Landlord and/or Sublandlord may construct a new building on portions of the Property adjacent to the Buildings (in any such events, the “Renovations") ”), which Renovations may include, without limitation, certain alterations, improvements, modifications and/or renovations to the Project parking structure and Common Areas. In connection with any Renovations, Landlord and/or Sublandlord may (or may permit), among other things, scaffolding or other necessary structures to be erected on or about the PremisesProperty, or portions thereof, limit or eliminate access to portions of the Property, including portions of the Common Areas (including, without limitation, the “field”), and/or perform work on or about the Property, or any portion thereof, which work may create noise, dust or leave debris in, on or about the Property, or certain portions thereof. Except as expressly set forth in Section 19.5.2, above, Tenant Subtenant hereby agrees that such Renovations and Landlord's ’s and/or Sublandlord’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant Subtenant nor entitle Tenant Subtenant to any abatement of Rent. Landlord and Sublandlord shall have no responsibility and shall not or for any reason be liable to Tenant Subtenant for any direct or indirect injury to or interference with Tenant's Subtenant’s business arising from the Renovations, nor shall Tenant Subtenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements Sublandlord resulting from the Renovations or Landlord’s and/or Sublandlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 above.
Appears in 1 contract
Samples: Sublease (Electronic Arts Inc)
Renovations. It is specifically understood Landlord shall, at its sole cost and agreed that Landlord has no obligation and has made no promises to alterexpense, remodel, improve, renovate, repair or decorate provide Tenant with a "turnkey" renovation (the Premises, Project, or any part thereof and that no representations respecting the condition "Renovations") of the portion of the Leased Premises or located on the Project have been made by Landlord to Tenant except as specifically set forth herein or in 9th and 10th floors of the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord may during Building and the Lease Term renovate, improve, alter, or modify main reception area of the Leased Premises on the 12th floor of the Building (collectively, the "RenovationsRenovated Space") in accordance with the Project and/or terms of this paragraph. Within thirty (30) days after Tenant furnishes Landlord with its approved space plan annotated with certain specifications for the PremisesRenovations (the "Space Plan"), Landlord shall deliver to Tenant for Tenant's approval full and complete construction drawings consistent with the Space Plan. Except as expressly set forth in Section 19.5.2, aboveWithin five (5) business days after receiving such construction drawings, Tenant hereby agrees shall notify Landlord either that Tenant approves such Renovations construction drawings or that Tenant disapproves such construction drawings and Landlord's actions in connection the reasons for such disapproval; provided, however, that Tenant shall approve such construction drawings if they are consistent with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rentthe Space Plan. Landlord shall have no responsibility and shall not be liable make the necessary revisions to Tenant for any injury to or interference with obtain Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss approval of the use construction drawings. Should Tenant fail to respond to Landlord's request for approval of the whole construction drawings within five (5) business days, or should Tenant make any part changes to the construction drawings which are not consistent with the Space Plan, then Tenant shall bear the cost of redesign and any delay in completion of the Premises Tenant Improvements as a result of such changes or delays shall be of Tenant's personal property or improvements resulting from the Renovations, or for any inconvenience or annoyance occasioned by such Renovationsno consequence to Landlord. Landlord shall use commercially reasonable efforts to have all Renovationsconstruct the Renovations in accordance with the construction drawings approved by Tenant, once started, be completed reasonably expeditiously, with such work being organized and conducted in a good and workmanlike manner with new materials or reusing existing materials so long as the finished product is of a first class quality. All work shall be in compliance with all applicable codes and regulations. Landlord shall complete the Renovations and deliver the Renovated Space for Tenant's occupancy no later than January 31, 1998, except that if Tenant does not furnish Landlord with the Space Plan on or before October 17, 1997, the aforesaid January 31, 1998 date shall be extended by one day for each day of such Tenant delay. If Landlord fails to complete the Renovations and deliver the Renovated Space by January 31, 1998 (as extended by the number of days, if any, beyond October 17, 1997 that Tenant furnishes Landlord with the Space Plan), then, in addition to any remedies available to Tenant at law or in equity, Tenant's obligation to pay Basic Rent with respect to the Renovated Space shall be abated until Landlord completes the Renovations and delivers the Renovated Space. Landlord acknowledges that if Landlord fails to complete the Renovations and deliver the Renovated Space in time for Tenant to relocate into the Renovated Space by February 28, 1998, Tenant will incur holdover penalties under its present lease and other related damages. The Renovations shall be deemed completed when Landlord has obtained and delivered to Tenant all necessary approvals and certificates as may be required for Tenant to lawfully occupy the Renovated Space. Landlord, at its sole cost and expense, shall replace all materials, workmanship, fixtures or equipment which will minimize any interference prove to be defective during a period of twelve (12) months after Landlord delivers the Renovated Space to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 above.
Appears in 1 contract
Samples: Lease Assignment, Modification and Extension Agreement (Federal Data Corp /Fa/)
Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition of the Premises or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project and/or Building, the Premises, or the Project, including without limitation, Common Areas, building Systems, roof, and structural portions of the Building. Except Renovations may include, without limitation, (a) modifying the Common Areas and tenant spaces to comply with applicable Laws, including, without limitation, regulations relating to the physically disabled, seismic conditions, and building safety and security; and (b) installing new flooring, lighting, and wall coverings. In connection with such Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the building, limit or eliminate access to portions of the Building or Project, including, without limitation, portions of the Common Areas, or perform work in the Building that may create noise, dust or leave debris. This also includes the placement, whether temporary or permanent, of any type of remediation equipment needed to mitigate moisture issues, including, without limitation, dehumidifiers, fans, air scrubbers, etc. This equipment can be placed and/or removed at any time as expressly set forth Landlord deems necessary, and if equipment is in Section 19.5.2, above, your unit it is expected to be utilized as specified. Tenant hereby agrees that such Renovations and LandlordXxxxxxxx's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not or for any reason be liable to Tenant for any direct or indirect injury to or interference with TenantXxxxxx's business or occupancy arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for inconvenience, annoyance or loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements Property resulting from the Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 above.
Appears in 1 contract
Samples: Residential Rental Contract
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Buildings, Project, or any part thereof and that no representations respecting the condition of the Premises Premises, the Buildings, or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "“Renovations"”) the Project and/or the Buildings, including without limitation, the Parking Facilities, Common Areas, Building Systems and/or Building Structure, which Renovations may include, without limitation, (i) modifying the Common Areas and tenant spaces to comply with Applicable Laws, including regulations relating to the physically disabled, seismic conditions, and Project safety and security, and (ii) installing new floor covering, lighting, and wall coverings in the Building Common Areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Project, limit or eliminate access to portions of the Project, including portions of the Common Areas, or perform work in the Project, which work may create noise, dust or leave debris in the Buildings. Landlord shall use commercially reasonable efforts to undertake and complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Except as expressly set forth in Section 19.5.2Notwithstanding the foregoing, above, Tenant Xxxxxx hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's Xxxxxx’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's ’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord Renovations or Landlord’s actions, provided that the foregoing shall use commercially reasonable efforts not limit Landlord’s liability, if any, pursuant to have all RenovationsApplicable Law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, once startedits agents, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 aboveemployees or contractors.
Appears in 1 contract
Renovations. It is specifically understood Landlord plans to undertake a major renovation and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition redevelopment of the Premises or Building, including the Common Areas, and the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However(including, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectivelywithout limitation, the "Renovations"Parking Facility and Roof Garden) the Project and/or the Premises. Except as expressly set forth in Section 19.5.2and may, abovefrom time to time, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction undertake further improvements, alterations or modifications of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole all or any part of the Project (collectively, the “Renovations”). Landlord reserves the right, in its sole discretion, in connection with the Renovations and otherwise from time to time, to: (i) make changes to the Common Areas, the Building and/or the Project, including, without limitation, changes in the location, size, shape and number of any improvements; (ii) close temporarily any portion of the Project for redevelopment and/or repair and maintenance purposes so long as reasonable access to the Premises remains available; (iii) add additional buildings and improvements to the Project or remove existing buildings or improvements therefrom; (iv) use the Common Areas and/or other areas of the Building or the Project while engaged in making additional improvements, repairs or alterations to the Building or the Project or any portion thereof; (v) remove or close the pedestrian bridge connecting the Building and the Parking Facility; and (vi) do and perform any other acts, alter or expand, or make any other changes in, to or with respect to the Common Areas and/or the Building or the Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however, any such Renovations shall not materially interfere with Tenant’s use of, or access to, the Premises or of Tenant's personal property or improvements resulting from the RenovationsParking Facility, or for any inconvenience or annoyance occasioned by such Renovations. Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference except that (x) Tenant acknowledges that until the entire Premises is delivered to Tenant's business , there will be ongoing construction of Tenant Improvements for Tenant in portions of the Building not yet delivered to Tenant and there may be unscheduled work performed in the Building due to Tenant-initiated change orders; and (y) Tenant’s use of, and access to, the Parking Facility shall at all times be subject to Article 29 below. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises or to other parts of the Building that are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building that are located within the Premises or located elsewhere in the Building so long as such actions do not materially interfere with the use, occupancy or operations of Tenant in the Premises. As used herein, it is understood that the term “Renovations” sometimes also includes the Tenant Improvements and Landlord’s Work for the Premises and Base Building Work. Notwithstanding anything in this Lease to the contrary, from and after the date that Tenant occupies the entire Premises, Landlord shall not violate clauses undertake any Renovations to the Building, except for (ax) through work required to address emergency situation, and (ey) of Section 1.1.3 aboveany actions taken to allow Landlord to perform its obligations under this Lease, and (z) any Renovations approved by Tenant, which approval shall not be unreasonably withheld.
Appears in 1 contract
Samples: Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co)
Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, ProjectPremises or the Building, or any part thereof and that no representations respecting the condition of the Premises or the Project Building have been made by 795678.02/WLA376514-00007/1-28-19/ctl/ctl -50- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, add to or modify (collectively, the "Renovations") the Project and/or (including, without limitation, the PremisesCommon Areas), but expressly not including the Building (other than pursuant to the Tenant Work Letter). Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as specifically set forth in Section 19.5.2 of this Lease). Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations, or for any inconvenience or annoyance occasioned by such Renovations, provided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything in this Section 29.30 to the contrary, Landlord shall use commercially reasonable efforts to have perform all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will Renovations so as to minimize any material, adverse interference to with Tenant's ’s business operations in at the Premises and to not violate clauses (a) through (e) of Section 1.1.3 abovePremises.
Appears in 1 contract
Samples: Office Lease (Penumbra Inc)
Renovations. It is specifically understood Landlord plans to undertake a major renovation and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition redevelopment of the Premises or Building, including the Common Areas, and the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However(including, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectivelywithout limitation, the "Renovations"Parking Facility and Roof Garden) the Project and/or the Premises. Except as expressly set forth in Section 19.5.2and may, abovefrom time to time, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction undertake further improvements, alterations or modifications of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole all or any part of the Project (collectively, the “Renovations”). Landlord reserves the right, in its sole discretion, in connection with the Renovations and otherwise from time to time, to: (i) make changes to the Common Areas, the Building and/or the Project, including, without limitation, changes in the location, size, shape and number of any improvements; (ii) close temporarily any portion of the Project for redevelopment and/or repair and maintenance purposes so long as reasonable access to the Premises remains available; (iii) add additional buildings and improvements to the Project or remove existing buildings or improvements therefrom; (iv) use the Common Areas and/or other areas of the Building or the Project while engaged in making additional improvements, repairs or alterations to the Building or the Project or any portion thereof; (v) remove or close the pedestrian bridge connecting the Building and the Parking Facility; and (vi) do and perform any other acts, alter or expand, or make any other changes in, to or with respect to the Common Areas and/or the Building or the Project as Landlord may, in its sole discretion, deem to be appropriate; provided, however, any such Renovations shall not materially interfere with Tenant’s use of, or access to, the Premises or of Tenant's personal property or improvements resulting from the RenovationsParking Facility, or for any inconvenience or annoyance occasioned by such Renovations. Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference except that (x) Tenant acknowledges that until the entire Premises is delivered to Tenant's business , there will be ongoing construction of Tenant Improvements for Tenant in portions of the Building not yet delivered to Tenant and there may be unscheduled work performed in the Building due to Tenant-initiated change orders; and (y) Xxxxxx’s use of, and access to, the Parking Facility shall at all times be subject to Article 29 below. Without limiting the foregoing, Landlord reserves the right from time to time to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires, and appurtenant meters and equipment for service to the Premises or to other parts of the Building that are above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas of the Building that are located within the Premises or located elsewhere in the Building so long as such actions do not materially interfere with the use, occupancy or operations of Tenant in the Premises. As used herein, it is understood that the term “Renovations” sometimes also includes the Tenant Improvements and Landlord’s Work for the Premises and Base Building Work. Notwithstanding anything in this Lease to the contrary, from and after the date that Tenant occupies the entire Premises, Landlord shall not violate clauses undertake any Renovations to the Building, except for (ax) through work required to address emergency situation, and (ey) of Section 1.1.3 aboveany actions taken to allow Landlord to perform its obligations under this Lease, and (z) any Renovations approved by Tenant, which approval shall not be unreasonably withheld.
Appears in 1 contract
Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, ProjectPremises or the Building, or any part thereof and that no representations respecting the condition of the Premises or the Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, add to or modify (collectively, the "“Renovations"”) the Project and/or (including, without limitation, the PremisesCommon Areas), but expressly not including the Building (other than pursuant to the Tenant Work Letter). Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRent (except as specifically set forth in Section 19.5.2 of this Lease). Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's ’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's ’s personal property or improvements resulting from the Renovations, or for any inconvenience or annoyance occasioned by such Renovations, provided that the foregoing shall not limit Landlord’s liability, if any, pursuant to applicable law for personal injury and property damage to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors. Notwithstanding anything in this Section 29.30 to the contrary, Landlord shall use commercially reasonable efforts to have perform all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will 35654\12546889.9 06907\011\8493037.v6 Renovations so as to minimize any material, adverse interference to with Tenant's ’s business operations in at the Premises and to not violate clauses (a) through (e) of Section 1.1.3 abovePremises.
Appears in 1 contract
Samples: Lease (Penumbra Inc)
Renovations. It is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, ProjectBuilding, or any part thereof and that no representations respecting the condition of the Premises or the Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work LetterTenant. However, Tenant hereby acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project Building and/or the PremisesPremises including without limitation the parking structure, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation,
(i) installing sprinklers in the Building or Common Facilities and tenant spaces, (ii) modifying the Common Facilities and tenant spaces to comply with applicable laws and regulations, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iii) installing new floor covering, lighting, and wall coverings in the Building common areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Building or Common Facilities, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rentrent. Landlord shall have no responsibility and shall not or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, with such work being organized and conducted in a manner which will minimize any interference to TenantRenovations or Landlord's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 aboveactions.
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Samples: Office Lease (Model N, Inc.)
Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition of the Premises or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "“Renovations"”) the Project Property and/or each Building. Notwithstanding the foregoing, except for improvements, alterations or modifications that are required by Legal Requirements or in order for Landlord to meet its obligations under this Lease regarding maintenance, repair and the provision of services, so long as Tenant leases 100% of the space within either B100 or B200, Landlord shall not make any Renovations to such Building. Landlord shall use commercially reasonable efforts to complete any Renovations in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises; provided, however, (i) Landlord shall perform any work within the Premises involving core drilling or excessive noise or excessive dust, After Business Hours to the extent allowable under Legal Requirements and (ii) Landlord shall at all times use commercially reasonable efforts to cause all Renovations to be done in such a manner as to cause as little interference to Tenant’s use of and access to the Premises as reasonably possible without incurring material additional expense. Except as expressly set forth in Section 19.5.2, aboveNotwithstanding the foregoing, Tenant hereby agrees that such any entry into the Premises by Landlord to perform Renovations and Landlord's actions in connection with such or any noise or other disruption outside the Premises related to Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not be liable to Tenant for any injury to or interference with Tenant's ’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's ’s personal property or improvements resulting from the Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Landlord , provided that the foregoing shall use commercially reasonable efforts not limit Landlord’s liability, if any, pursuant to have all Renovationsapplicable Legal Requirements for personal injury and property damage to the extent caused by the gross negligence, once startedor willful misconduct of Landlord, be completed reasonably expeditiouslyits agents, with such work being organized and conducted in a manner which will minimize any interference to Tenant's business operations in the Premises and to not violate clauses (a) through (e) of Section 1.1.3 aboveemployees or contractors.
Appears in 1 contract
Renovations. It is specifically understood and agreed that Landlord has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, Project, or any part thereof and that no representations respecting the condition of the Premises or the Project have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord may during the Lease Term renovate, improve, alter, or modify (collectively, the "“Renovations"”) the Project and/or Parking Facilities and Common Areas, and the Premisesstructural portions of the Building; and, in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building and limit access to portions of the Building, which work may create noise, dust or leave debris in the Building. Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord's ’s actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of RentRental; provided, however, that Landlord agrees to use commercially reasonable efforts to minimize the interference with Tenant’s use of the Premises resulting from the Renovations. Landlord shall have no responsibility and shall not or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's ’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's ’s personal property or improvements resulting from the Renovations or Landlord’s actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Renovations or Landlord’s actions, provided that in exercising its rights under this Paragraph, Landlord shall use uses commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, minimize interference with such work being organized Tenant’s beneficial use and conducted in a manner which will minimize any interference to Tenant's business operations in enjoyment of the Premises and to not violate clauses (a) through (e) of Section 1.1.3 abovePremises.
Appears in 1 contract
Samples: Lease Agreement (Harmonic Inc)
Renovations. It Except as expressly set forth in this Lease, it is specifically understood and agreed that Landlord has made no representation or warranty to Tenant and has no obligation and has made no promises to alter, remodel, improve, renovate, repair or decorate the Premises, ProjectBuilding, or any part thereof and that no representations respecting the condition of the Premises or the Project Building have been made by Landlord to Tenant except as specifically set forth herein or in the Tenant Work Letter. However, Tenant hereby acknowledges that Landlord is currently renovating or may during the Lease Term renovate, improve, alter, or modify (collectively, the "Renovations") the Project Project, the Building and/or the PremisesPremises including without limitation the parking structure, common areas, systems and equipment, roof, and structural portions of the same, which Renovations may include, without limitation, (i) installing sprinklers in the Building common areas and tenant spaces, (ii) modifying the common areas and tenant spaces to comply with Legal Requirements, including regulations relating to the physically disabled, seismic conditions, and building safety and security, and (iii) installing new floor covering, lighting, and wall coverings in the Building common areas, and in connection with any Renovations, Landlord may, among other things, erect scaffolding or other necessary structures in the Building, limit or eliminate access to portions of the Project, including portions of the common areas, or perform work in the Building, which work may create noise, dust or leave debris in the Building. Except as expressly set forth in Section 19.5.2, above, Tenant hereby agrees that such Renovations and Landlord's actions in connection with such Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility and shall not or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or of Tenant's personal property or improvements resulting from the Renovations or Landlord's actions in connection with such Renovations, or for any inconvenience or annoyance occasioned by such Renovations. Renovations or Landlord's actions; provided, however, that notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to have all Renovations, once started, be completed reasonably expeditiously, minimize interference with such work being organized Tenant’s use of and conducted in a manner which will minimize any interference access to Tenant's business operations in the Premises and to not violate clauses (a) through (e) in connection with the performance of Section 1.1.3 aboveany Renovations.
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