Common use of RIGHT OF SUBLESSOR TO INSPECT AND REPAIR Clause in Contracts

RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.1. Sublessee will permit Sublessor and/or PDA and their authorized agents and representatives to enter the Subleased Premises at all reasonable times and upon reasonable notice for the purpose of: (i) inspecting the same; (ii) showing the Premises to prospective purchasers, or tenants; and (iii) making any necessary repairs and performing any other work that may be necessary by reason of Sublessee's failure to comply with the terms of this Sublease within any applicable grace period provided for in this Sublease with respect to a default by Sublessee, unless an emergency situation (as determined in Sublessor's and/or PDA's sole discretion) requires earlier action by Sublessor. Nothing herein shall imply any duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby. Nothing herein shall limit the provisions of Article 8. In exercising its rights under this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the Premises.

Appears in 3 contracts

Samples: And Attornment Agreement (Cabletron Systems Inc), And Attornment Agreement (Aprisma Management Technologies Inc), Supplemental Agreement (Aprisma Management Technologies Inc)

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RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.112.1. Sublessee will permit Sublessor and/or PDA and their its authorized agents and representatives to enter the Subleased Premises Premises, including the Facility and improvements constructed under Article 2A of this Sublease, at all reasonable times and upon reasonable notice for the purpose of: of (i) inspecting the same; and (ii) showing the Premises to prospective purchasers, or tenants; and (iii) making any necessary repairs and performing any other work that may be necessary by reason of Sublessee's failure to comply with the terms of this Sublease within any applicable grace period provided for in this Sublease with respect to a default by Sublesseeten (10) days after written notice from Sublessor, unless an emergency situation (as determined in Sublessor's and/or PDA's sole discretion) requires earlier action by Sublessor. Nothing herein shall imply any duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby. Nothing herein shall limit the provisions of Article 8. In exercising its rights under 8 of this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the PremisesSublease.

Appears in 2 contracts

Samples: Supplemental Agreement (Aprisma Management Technologies Inc), Supplemental Agreement (Aprisma Management Technologies Inc)

RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.112.1. Sublessee will permit Sublessor and/or PDA and their authorized agents and representatives to enter the Subleased Premises at all reasonable times and upon reasonable prior notice for the purpose of: (i) of inspecting the same; (ii) showing the Premises to prospective purchasers, or tenants; and (iii) same and/or making any necessary repairs and and/or performing any other work that may be necessary by reason of Sublessee's ’s failure to comply with the terms of this Sublease within any applicable grace period provided for Sublease, provided, however, in this Sublease with respect to a default by Sublessee, unless the event of an emergency situation (as determined in Sublessor's ’s and/or PDA's ’s sole discretion) requires earlier action by Sublessorno prior notice need be given to Sublessee. Nothing herein shall imply any duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's ’s default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby, provided, however, that Sublessor shall use commercially reasonable efforts not to interfere with Sublessee’s use of the Premises. Nothing herein shall limit the provisions of Article 8. In exercising its rights under this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the Premises.

Appears in 2 contracts

Samples: FlexEnergy Green Solutions, Inc., FlexEnergy Green Solutions, Inc.

RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.112.1. Sublessee will permit Sublessor and/or PDA and their its authorized agents and representatives to enter the Subleased Premises Premises, including the Facility and improvements constructed under Article 2A of this Sublease, at all reasonable times and upon reasonable notice for the purpose of: of (i) inspecting the same; and (ii) showing the Premises to prospective purchasers, or tenants; and (iii) making any necessary repairs and performing any other work that may be necessary by reason of Sublessee's failure to comply with the terms of this Sublease within any applicable grace period provided for in this Sublease with respect to a default by Sublesseeten (10) days after written notice from Sublessor, unless an emergency situation (as determined in Sublessor's and/or PDA's sole discretion) requires earlier action by Sublessor. Nothing herein shall imply any any, duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. equipment Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby. Nothing herein shall limit the provisions of Article 8. In exercising its rights under 8 of this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the PremisesSublease.

Appears in 2 contracts

Samples: And Attornment Agreement (Aprisma Management Technologies Inc), And Attornment Agreement (Cabletron Systems Inc)

RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.1. Sublessee will permit Sublessor and/or PDA and their authorized agents ----- and representatives to enter the Subleased Premises at all reasonable times and upon reasonable notice for the purpose of: (i) inspecting the same; (ii) showing the Premises to prospective purchasers, or tenants; and (iii) making any necessary repairs and performing any other work that may be necessary by reason of Sublessee's failure to comply with the terms of this Sublease within any applicable grace period provided for in this Sublease with respect to a default by Sublesseeten (10) days after written notice from Sublessor, unless an emergency situation (as determined in Sublessor's and/or PDA's sole discretion) requires earlier action by Sublessor. Nothing herein shall imply any duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby. Nothing herein shall limit the provisions of Article 8. In exercising its rights under this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the Premises.. 11.2. Sublessee acknowledges that from time to time PDA may undertake ----- construction, repair or other activities related to the operation, maintenance and repair of the Airport which will require temporary accommodation by Sublessee. Sublessee agrees to accommodate PDA in such matters, even though Sublessee's own activities may be inconvenienced or partially impaired, and Sublessee agrees that no liability shall attach to PDA, its members, employees or agents by reason of such inconvenience or impairment, unless such activities of PDA hereunder are performed in a negligent manner. 11.3. Sublessee shall allow PDA and any agency of the United States, its ----- officers, agents, employees and contractors to enter upon the Subleased Premises for any purposes not inconsistent with Sublessee's quiet use and enjoyment, including but not limited to the purpose of inspection. Notwithstanding the preceding sentence, in the event the Air Force as Lessor 28 <PAGE> under the Master Lease (or any other agency having a right of entry under the Federal Facilities Agreement (FFA) as defined in Section 22.8) or PDA as Sublessor under the Primary Lease determines that immediate entry is required for safety, environmental, operations or security purposes they may effect such entry without prior notice. The Sublessee shall have no claim against PDA or against the United States or any officer, agent, employee or contractor thereof on account of any such entries. ARTICLE 12

Appears in 1 contract

Samples: www.sec.gov

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RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.1. Sublessee will permit Sublessor and/or PDA and their authorized agents and representatives to enter the Subleased Premises at all reasonable times and upon reasonable notice for the purpose of: (i) inspecting the same; and (ii) showing the Premises to prospective purchasers, or tenants; and (iii) making any necessary repairs and performing any other work that may be necessary by reason of Sublessee's ’s failure to comply with the terms of this Sublease within any applicable grace period provided for in this Sublease with respect to a default by Sublesseeten (10) days after written notice from Sublessor, unless an emergency situation (as determined in Sublessor's ’s and/or PDA's ’s sole discretion) requires earlier action by Sublessor. Nothing herein shall imply any duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's ’s default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby. Nothing herein shall limit the provisions of Article 8. In exercising its rights under this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the Premises.

Appears in 1 contract

Samples: Federal Facilities Agreement (Pc Connection Inc)

RIGHT OF SUBLESSOR TO INSPECT AND REPAIR. 11.1. Sublessee will permit Sublessor and/or PDA and their authorized agents ----- and representatives to enter the Subleased Premises at all reasonable times and upon reasonable notice for the purpose of: (i) inspecting the same; (ii) showing the Premises to prospective purchasers, or tenants; and (iii) making any necessary repairs and performing any other work that may be necessary by reason of Sublessee's failure to comply with the terms of this Sublease within any applicable grace period provided for in this Sublease with respect to a default by Sublesseeten (10) days after written notice from Sublessor, unless an emergency situation (as determined in Sublessor's and/or PDA's sole discretion) requires earlier action by Sublessor. Nothing herein shall imply any duty upon the part of Sublessor and/or PDA to do any such work and performance thereof by Sublessor and/or PDA shall not constitute a waiver of Sublessee's default in failing to perform the same. Sublessor and/or PDA may during the progress of such work keep and store in or on the Subleased Premises all necessary materials, tools, supplies and equipment. Sublessor and/or PDA shall not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Sublessee by reason of making such repairs or the performance of any such work, on or account of bringing materials, tools, supplies or equipment into or through the Subleased Premises during the course thereof and the obligations of Sublessee under this Sublease shall not be affected thereby. Nothing herein shall limit the provisions of Article 8. In exercising its rights under this Section 11.1, Sublessor shall use diligent efforts to prevent or minimize interference with Sublessee's use and enjoyment of the Premises.

Appears in 1 contract

Samples: Bottomline Technologies Inc /De/

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