Common use of RIGHT TO INSPECT AND REPAIR Clause in Contracts

RIGHT TO INSPECT AND REPAIR. Landlord or its designees may enter the Premises (but will not be obligated to do so) at any reasonable time on reasonable notice to Tenant (except that no notice need be given in case of emergency) for the purpose of: (i) inspection; (ii) performance of any work or the making of such repairs, replacements or additions in, to, on and about the Premises or the Building, as Landlord deems necessary or desirable; or (iii) showing the Premises to prospective purchasers, mortgages and, during the last twelve (12) months of the term, tenants. Tenant will provide Landlord or its designees free and unfettered access to any mechanical or utility rooms, conduits, risers or the like located within the Premises. Landlord or any prospective tenant shall have the right to enter the space to perform inspections, surveys, measurements or such other reasonable activities as may be necessary to prepare the Premises for occupancy by the succeeding tenant. Tenant will have no claims, including claims for interruption of Tenant’s business, or cause of action against Landlord by reason of entry for such purposes. Landlord acknowledges that Tenant’s IT room stores confidential data. Accordingly, Landlord agrees that, except in the event of an emergency, it will not enter the IT room unless accompanied by a duly authorized employee of Tenant, which Tenant agrees to make available. Landlord shall have no obligation to provide janitorial service in accordance with Exhibit D hereto within Tenant’s IT room. Landlord shall use commercially reasonable efforts to avoid interference with Tenant’s use and enjoyment of the Premises during the course of any entry thereto pursuant to this Article 16. Notwithstanding anything contained herein to the contrary, the terms and conditions of Article 17 c) herein below shall apply to any interruption of service resulting from Landlord’s entry hereunder, except to the extent any such entry is for the purpose of performing any repair arising as the misuse or neglect of Tenant or Tenant’s Agents.

Appears in 1 contract

Samples: Agreement (Cover All Technologies Inc)

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RIGHT TO INSPECT AND REPAIR. Landlord or its designees Lessor may enter the Premises (but will shall not be obligated to do so) at any reasonable time on reasonable notice to Tenant so (except that no notice need be given in case as required by any specific provision of emergencythis Lease) for the purpose of: (i) inspection; (ii) performance of any work inspection or the making of such repairs, replacements replacement or additions in, to, on and about the Premises or the Building, as Landlord Lessor deems reasonably necessary or desirable; or (iii) showing . Provided that Lessor uses diligence, temporarily partitions any work area, repairs any damage to the Premises and makes reasonable efforts to prospective purchasers, mortgages and, during the last twelve (12) months minimize interference with Lessee's quiet enjoyment of the termPremises in the first instance, tenants. Tenant will provide Landlord and provided any additions or its designees free replacements are permanently boxed in and unfettered access do no reduce the square footage of the Premises except to any mechanical or utility roomsa de minimis extent, conduits, risers or the like located within the Premises. Landlord or any prospective tenant Lessee shall have the right to enter the space to perform inspections, surveys, measurements or such other reasonable activities as may be necessary to prepare the Premises for occupancy by the succeeding tenant. Tenant will have no claims, including claims for interruption of Tenant’s business, or cause of action against Landlord Lessor by reason thereof. Lessor need not notify Lessee for ordinary, routine work and maintenance to be performed by Lessor at the Building on a regular basis; provided, however, Lessor shall give Lessee reasonable notice (which notice may be oral) prior to Lessor's performance of entry for such purposes. Landlord acknowledges that Tenant’s IT room stores confidential data. Accordingly, Landlord agrees that, except any extraordinary work or maintenance in the Building. In any event, Lessor and Lessee shall cooperate with each other to establish reasonable standards for Lessor's access to the Premises and the Building. In no event shall Lessee have any claim against Lessor for interruption of an emergencyLessee's business, it will however occurring, including, but not enter limited to, that arising from the IT room unless accompanied by a duly authorized employee negligence of TenantLessor, which Tenant agrees to make available. Landlord shall have no obligation to provide janitorial service its agents, servants or invitees, or from defects, errors or omissions in accordance with Exhibit D hereto within Tenant’s IT room. Landlord shall use commercially reasonable efforts to avoid interference with Tenant’s use and enjoyment the construction or design of the Premises during and/or the course of any entry thereto pursuant to this Article 16. Notwithstanding anything contained herein to Building, including the contrary, the terms structural and conditions of Article 17 c) herein below shall apply to any interruption of service resulting from Landlord’s entry hereunder, except to the extent any such entry is for the purpose of performing any repair arising as the misuse or neglect of Tenant or Tenant’s Agentsnon-structural portions thereof.

Appears in 1 contract

Samples: Lease (Barr Laboratories Inc)

RIGHT TO INSPECT AND REPAIR. Landlord or its designees Lessor may enter the Premises (but will shall not be obligated to do soso (except as required by any specific provision of this Lease) at any reasonable time on reasonable notice to Tenant Lessee (except that no notice need be given in case of emergency) for the purpose of: (i) inspection; (ii) performance of any work inspection or the making of such repairs, replacements replacement or additions in, to, on and about the Premises or the Building, as Landlord Lessor deems reasonably necessary or desirable. Except in case of emergency, Lessor shall be accompanied by a representative of Lessee when entering the Premises, provided that Lessee shall make such representative available to Lessor, upon reasonable notice (which notice may be oral) to Lessee. Except in the case of an emergency, upon Lessee's request and prior to Lessor's entry into the Premises, Lessor shall execute a confidentiality agreement in the form attached hereto and made a part hereof as Exhibit X. Xxxxxx shall endeavor to cause its agents or contractors to execute such confidentiality agreement prior to entry into the Premises; or (iii) showing provided, however, Lessor shall have no liability for its failure to obtain same and such agents and contractors shall nevertheless have access to the Premises, subject to the provisions hereof. Provided that Lessor uses diligence, temporarily partitions any work area, repairs any damage to the Premises and makes reasonable efforts to prospective purchasers, mortgages and, during the last twelve (12) months minimize interference with Lessee's quiet enjoyment of the termPremises in the first instance, tenants. Tenant will provide Landlord and provided any additions or its designees free replacements are permanently boxed in and unfettered access do no reduce the square footage of the Premises except to any mechanical or utility roomsa de minimis extent, conduits, risers or the like located within the Premises. Landlord or any prospective tenant Lessee shall have the right to enter the space to perform inspections, surveys, measurements or such other reasonable activities as may be necessary to prepare the Premises for occupancy by the succeeding tenant. Tenant will have no claims, including claims for interruption of Tenant’s business, or cause of action against Landlord Lessor by reason thereof. In no event shall Lessee have any claim against Lessor for interruption of entry for such purposes. Landlord acknowledges Lessee's business, however occurring, including, but not limited to, that Tenant’s IT room stores confidential data. Accordinglyarising from the negligence of Lessor, Landlord agrees thatits agents, except servants or invitees, or from defects, errors or omissions in the event of an emergency, it will not enter the IT room unless accompanied by a duly authorized employee of Tenant, which Tenant agrees to make available. Landlord shall have no obligation to provide janitorial service in accordance with Exhibit D hereto within Tenant’s IT room. Landlord shall use commercially reasonable efforts to avoid interference with Tenant’s use and enjoyment construction or design of the Premises during and/or the course of any entry thereto pursuant to this Article 16. Notwithstanding anything contained herein to Building, including the contrary, the terms structural and conditions of Article 17 c) herein below shall apply to any interruption of service resulting from Landlord’s entry hereunder, except to the extent any such entry is for the purpose of performing any repair arising as the misuse or neglect of Tenant or Tenant’s Agentsnon-structural portions thereof.

Appears in 1 contract

Samples: Lease (Alteon Inc /De)

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RIGHT TO INSPECT AND REPAIR. Landlord or its designees Lessor may enter the Premises (but will shall not be obligated to do soso (except as required by any specific provision of this Lease) at any reasonable time on reasonable notice to Tenant Lessee (except that no notice need be given in case of emergency) for the purpose of: (i) inspection; (ii) performance of any work or inspection of the making of such repairs, replacements replacement or additions additions, in, to, on and about the Premises or the Building, as Landlord Lessor deems necessary or desirable; . Lessee shall have no claim or cause of action against Lessor for interruption to Lessee's business, however occurring. M. INTERRUPTION OF SERVICE. Interruption or curtailment of any service maintained in the Building or at the Office Building Area, if caused by force majeure, as hereinafter defined, shall not entitle Lessee or any claim against Lessor or to any abatement in rent, and shall not constitute a constructive or partial eviction, unless Lessor fails to take measures as may be reasonable under the circumstances to restore the service within five (iii5) showing days after receipt of notice from Lessee regarding such interruption or curtailment. If the Premises to prospective purchasersare rendered untenantable in whole or in part for a period of thirty (30) consecutive days by the making of repairs or replacements, mortgages andother than those made with Lessee's consent or caused by misuse or neglect by Lessee, during the last twelve (12) months of the termor Lessee's agents, tenants. Tenant will provide Landlord servants, visitors or its designees free and unfettered access to any mechanical or utility roomslicensees, conduits, risers or the like located within the Premises. Landlord or any prospective tenant Lessee shall have the right to enter make such repairs or replacements and offset the space cost thereof against the Basic Rent. In no event shall Lessee be entitled to perform inspectionsclaim a constructive eviction from the Premises, surveysunless Lessee shall first have notified Lessor in writing of the condition or conditions giving rise thereof, measurements or such other reasonable activities as may and, if the complaints be necessary to prepare the Premises for occupancy by the succeeding tenant. Tenant will have no claimsjustified, including claims for interruption of Tenant’s business, or cause of action against Landlord by reason of entry for such purposes. Landlord acknowledges that Tenant’s IT room stores confidential data. Accordingly, Landlord agrees that, except in the event of an emergency, it will not enter the IT room unless accompanied by a duly authorized employee of Tenant, which Tenant agrees to make available. Landlord Lessor shall have no obligation failed within thirty (30) days, after receipt of such notice, to provide janitorial service in accordance remedy, to commence and proceed with Exhibit D hereto within Tenant’s IT roomdue diligence to remedy such condition or conditions, subject to force majeure, as hereinafter defined. Landlord shall use commercially reasonable efforts to avoid interference with Tenant’s use and enjoyment of the Premises during the course of any entry thereto pursuant to this Article 16. Notwithstanding anything contained herein to the contrary, the terms and conditions of Article 17 c) herein below shall apply to any interruption of service resulting from Landlord’s entry hereunder, except to the extent any such entry is for the purpose of performing any repair arising as the misuse or neglect of Tenant or Tenant’s Agents.N.

Appears in 1 contract

Samples: Cybear Inc

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