Common use of RIGHTS OF ENTRY RESERVED Clause in Contracts

RIGHTS OF ENTRY RESERVED. 20.1 The County, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, provided, such action by the County, its officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's use, occupancy, or security requirements of the Leased Premises. 20.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County or said utility company to do so, the County or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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RIGHTS OF ENTRY RESERVED. 20.1 17.1 The CountyAuthority, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, provided, such action by the CountyAuthority, its officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's use, occupancy, or security requirements of the Leased Premises. 20.2 17.2 Without limiting the generality of the foregoing, the CountyAuthority, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyAuthority, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County Authority shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County Authority shall not impose or be construed to impose upon the County Authority any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 17.3 In the event that any personal property of Lessee shall obstruct the access of the CountyAuthority, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County Authority or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County Authority or said utility company to do so, the County Authority or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the CountyAuthority's sole negligence. 20.4 17.4 At any reasonable time, and from time to time during the ordinary business hours, the CountyAuthority, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 17.5 Exercise of any or all of the foregoing rights, by the CountyAuthority, or others under right of the CountyAuthority, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise. SECTION 18 ADDITIONAL RENTS AND CHARGES 18.1 Except as provided in Section 5.3 (b), in the event Lessee fails within thirty (30) days after receipt of written notice from Authority to perform or commence to perform any obligation required herein to be performed by Lessee, Authority may enter the Leased Premises (without such entering causing or constituting a cancellation of this Agreement or an interference with the possession of such Leased Premises by Lessee) and do all things reasonably necessary to perform such obligation, charging to Lessee the cost and expense thereof, and Lessee agrees to pay to the Authority upon demand such charge in addition to other amounts payable by Lessee hereunder. Provided, however, that if Lessee's failure to perform any such obligation endangers the safety of the public or employees or property of the Authority, or other tenants of the Airport, and Authority so states in its notice to Lessee, the Authority may perform such obligation of Lessee at any time after the giving of such notice, and charge to the Lessee the reasonable cost and expense thereof which Lessee shall pay upon demand. 18.2 If the Authority elects to pay any sum or sums or incur any obligation or expense by reason of the failure, neglect or refusal of Lessee to perform or fulfill any one or more of the conditions, covenants or agreements contained in this Agreement, or as the result of any act or omission of Lessee contrary to said conditions, covenants or agreements, Lessee hereby agrees to pay the sum or sums so paid or expense so incurred by the Authority as the result of such failure, neglect or refusal of Lessee, including interest, not to exceed the greater of fifteen percent (15%) per annum or the rate which is four percent (4%) per annum above the prime rate as published by the Wall Street Journal, together with all costs, damages and penalties. In such event, the total of such amounts may be added to any installment of rent thereafter due hereunder, and each and every part of the same shall be and become additional rent recoverable by the Authority in the same manner and with like remedies as if it were originally a part of the rent provided for in this Agreement.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 17.1 The CountyCities, by its their officers, employees, agents, representatives and contractors contractors, shall have the right at all reasonable times to enter upon the Leased Premises and enter the Improvements for any and all purposespurposes not inconsistent with this Agreement, providedincluding, without limitation, inspection, environmental testing, and repair and maintenance of the Additional Taxiway, if it exists, provided such action by the CountyCities, its their officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's ’s (or its sublessees’) use, occupancy, occupancy or security requirements of the Leased Premises. Except when necessary for reasons of public safety or law enforcement, or for the protection of property, as reasonably determined by the Cities, the Cities shall provide seventy-two (72) hours’ written notice of its intent to inspect. 20.2 17.2 Without limiting the generality of the foregoing, the CountyCities, by its their officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its their own cost and expense, whether for its their own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, Airport mechanical, electrical and other utility systems and to enter upon the easements in the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyCities, be deemed necessary or advisable, and from time to time to construct or install over, in or under existing easements within the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises Premises’ existing easements for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, the County Cities shall not install a utility under or through any building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased Premises by the LesseeLessee (or its sublessees). It is specifically understood and agreed that the reservation of the aforesaid right by the County Cities shall not impose or be construed to impose upon the County Cities any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises; provided, however, that if the Cities repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services to others, the Cities will restore the Leased Premises to their preexisting condition in a timely manner. Lessee will provide for the installation, maintenance and repair, at its own expense, of all service lines of utilities providing services only to the Leased Premises. Cities will repair, replace and maintain all other utility lines, at the Cities’ expense. 20.3 17.3 In the event that any personal property of Lessee or any sublessee shall obstruct the access of the CountyCities, its their officers, employees, agents or contractors, or the utility company furnishing utility service over, along and across the existing easements to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such systemsystem pursuant to Section 17.2, Lessee shall move such property, as directed by the County Cities or said utility company, upon reasonable notice by the Cities, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee or any sublessee shall fail to so move such property after direction from County the Cities or said utility company to do so, the County Cities or the utility company may move it, and the Lessee hereby agrees to pay the cost on behalf of such moving upon demand, itself and further Lessee its sublessees hereby waives any claim against the Cities for damages as a result therefromthere from, except for claims for damages arising from the County's sole negligenceCities’ negligence or willful misconduct. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have 17.4 The Cities reserve the right to enter thereon access the Leased Premises at all times and without notice to Lessee for the purpose operation of exhibiting emergency vehicles and viewing all parts fire trucks as necessary or appropriate to the safe operation of the same, subject to Lessee's reasonable security requirementsAirport. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Ground Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 (a) The CountyPort Authority, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times on two (2) business days' oral notice, except in cases of emergency to enter upon the Leased Premises premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountyLessee of its obligations under this Agreement, its officers, employees, agents, representatives and contractors does not unreasonably interfere with for the Lessee's use, occupancy, doing of any act or security requirements of thing which the Leased PremisesPort Authority may be obligated or have the right to do under this Agreement or otherwise. 20.2 (b) Without limiting the generality of the foregoing, the CountyPort Authority, by its officers, employees, agents, representatives, contractors representatives and furnishers of utilities and other servicescontractors, shall have the right, at its own cost and expense, whether for its own benefit, the benefit of the Lessee or for the benefit of others than the Lessee at the AirportFacility, to maintain initially existing and future utility, mechanical, electrical electrical, communication and other systems or portions thereof on the premises, and to enter upon the Leased Premises premises at all reasonable times to make such repairs, alterations and replacements or alterations thereto, as may, in the opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and, and from time to time time, to construct or install over, in in, under or under through the Leased Premises such systems or parts thereof premises new lines, pipes, mains, wires, conduits, equipment and in connection with such maintenance other such; and to use the Leased Premises premises for access to other parts portions of the Airport Facility not otherwise not conveniently accessible, ; provided, however, that in the exercise of such right of access, repair, alteration alteration, replacement, construction or new construction, the County access shall not unreasonably interfere with the actual use and occupancy of the Leased Premises premises by the Lessee. It is specifically understood and agreed that The Port Authority shall use reasonable efforts to minimize the reservation adverse aesthetic impact of the aforesaid right by the County shall not impose repairs, alterations, constructions or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only installations made to the Leased Premisespremises pursuant to this paragraph and shall repair any damage to the premises caused thereby. 20.3 (c) In the event that any personal property of the Lessee shall obstruct the access of the CountyPort Authority, its officers, employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical electrical, communication and other systems, systems and thus shall interfere with the inspection, maintenance maintenance, repair or repair modification of any such system, the Lessee shall move such property, property as directed requested by the County or said utility companyPort Authority, in order that the access may be had to the system or part thereof for its inspection, maintenance maintenance, repair or repairmodification. (d) Nothing in this Section shall or shall be construed to impose upon the Port Authority any obligations so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to do. If The Lessee is and shall fail to so move such property after direction from County or said utility company to do so, be in exclusive control and possession of the County or the utility company may move it, premises and the Port Authority shall not in any event be liable for any injury or damage to any property or to any person happening on or about the premises nor for any injury or damage to any property or to any person happening on or about the premises nor for any injury or damage to the premises nor to any property of the Lessee hereby agrees to pay or of any other person located therein or thereon (other than those occasioned by the cost negligent acts or omissions of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligencePort Authority). 20.4 (e) At any reasonable time, time and from time to time during normal business hours upon reasonable notice within the ordinary business hourssix (6) months next preceding the expiration of the letting, the CountyPort Authority, by its officers, agents and employees, whether or not accompanied by a prospective lesseelessees, occupier occupiers or user users of the Leased Premisespremises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same. (f) If, subject to during the last month of the letting, the Lessee shall have removed all or substantially all of the Lessee's reasonable security requirementsproperty from the premises, the Port Authority may immediately enter and alter, renovate and redecorate the premises and change locks on doors in the premises. 20.5 Exercise (g) The exercise of any or all of the foregoing rights, rights by the County, Port Authority or others under right of the County, shall not be, nor be or be construed to be, be an eviction of Lessee, the Lessee nor be made the grounds for any abatement of rental nor or any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Helmstar Group Inc)

RIGHTS OF ENTRY RESERVED. 20.1 The CountyCounty and its Manager, by its their officers, employees, agents, representatives and contractors contractors, shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, provided, such action by the CountyCounty or Manager, its their officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's ’s use, occupancy, or security requirements of the Leased Premises. 20.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County Director, Manager or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County Director, Manager or said utility company to do so, the County Director, Manager or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's or Manager’s sole negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents agents, contractors and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's ’s reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 (a) The CountyPort Authority, by its officers, employees, agents, representatives and contractors shall have the right at all during normal business hours, and, except in case of an emergency (in which event the Port Authority shall give such oral notice as is practicable), and upon reasonable times written notice (which if given to a management level employee may be given orally other than entry to perform work) to enter upon the Leased Premises premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountyLessee of its obligations under this Agreement, its officers, employees, agents, representatives and contractors does not unreasonably interfere with for the Lessee's use, occupancy, doing of any act or security requirements thing which the Port Authority may be obligated or have the right to do under this Agreement or as a matter of law subject to the Leased Premisesprovisions of paragraph (b) below. 20.2 (b) Without limiting the generality of the foregoing, and subject to the Countyfurther provisions hereof, the Port Authority, by its officers, employees, agents, representatives, contractors representatives and furnishers of utilities and other servicescontractors, shall have the right, at its own cost and expense, whether for its own benefit, for the benefit of the Lessee or for the benefit of others than the Lessee at the AirportWorld Trade Center, to maintain initially existing and future utility, mechanical, electrical electrical, communication and other systems or portions thereof on the premises, and to enter upon the Leased Premises premises at all reasonable times and upon reasonable written notice to make such repairs, alterations and replacements or alterations thereto, as may, in the opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and, and from time to time time, to construct or install over, in, under or through the premises new lines, pipes, mains, wires, conduits, equipment and other such provided that it is not practicable to use space in the building core or under the Leased Premises shaft to perform such systems or parts thereof work; and in connection with such maintenance to use the Leased Premises premises for access to other parts portions of the Airport World Trade Center not otherwise not conveniently accessible; and to take all material into and upon the premises that may be required for such repairs, alterations and replacements; provided, however, that in the exercise of connection with such right of repair, alteration, replacement, construction or access or in connection with any other access, maintenance, repair, alteration alteration, replacement or new constructionconstruction the Port Authority may be obligated to perform after the date the Lessee has completed its initial work in the premises as set forth in the Section of this Agreement entitled "Certain Obligations of the Port Authority", as set forth in the Section of this Agreement entitled "Port Authority Work" or which may be expressly set forth elsewhere in this Agreement, the County Port Authority shall not unreasonably interfere use reasonable efforts to minimize interference to the extent practicable with the actual Lessee's use and occupancy of the Leased Premises premises, including performance of such work other than during normal business hours to the extent required under paragraph (l) of this Section, and taking commercially reasonable steps to maintain a clean work site and to minimize the area of the premises occupied by any such material brought into the premises in connection with such repairs, alterations and replacements. Upon the completion of any work described in this paragraph (b), the Port Authority will repair any damage to the premises caused by such work and will restore the premises to substantially the condition existing prior to the commencement of such work. Notwithstanding the provisions of paragraph (g) of this Section and without otherwise limiting the generality thereof, in the event that the rentable square footage of the premises shall be diminished permanently by any new installation installed by the Lessee. It is specifically understood and agreed Port Authority pursuant to this paragraph (b), rental shall be abated in accordance with the Section of this Agreement entitled "Abatement of Rental", provided, that the reservation Port Authority shall use all commercially reasonable efforts to avoid diminishing the usable area of the aforesaid right premises by more than an immaterial amount and in no event shall diminish the County shall not impose or be construed to impose upon area of the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premisespremises by more than one hundred (100) rentable square feet. 20.3 (c) In the event that any personal property of the Lessee shall obstruct the access of the CountyPort Authority, its officers, employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical electrical, communication and other systems, systems (and there is no other practicable means of access thereto) and thus shall interfere with the inspection, maintenance maintenance, repair or repair modification of any such system, the Lessee shall move such property, property as directed requested by the County or said utility companyPort Authority (provided, that the Port Authority will reimburse the Lessee for any reasonable out of pocket costs to remove and replace such property), in order that access may be had to the system or part thereof for its inspection, maintenance maintenance, repair or repair. If Lessee shall fail to so move such property after direction from County or said utility company to do so, the County or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligencemodification. 20.4 At (d) Except as specifically provided elsewhere in this Agreement, nothing in this Section shall or shall be construed to impose upon the Port Authority any reasonable timeobligations to construct or maintain or to make repairs, and from time to time during replacements, alterations or additions which the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have Port Authority has the right to enter thereon make, whether pursuant to this Section or otherwise, or shall create any liability for any failure so to do. From and after the purpose of exhibiting and viewing all parts commencement date of the sameletting of any Area hereunder and prior to the expiration or termination of the letting under this Agreement or to any re-entry of the Port Authority (other than pursuant to this Section) the Lessee is and shall be in exclusive control and possession of such Area of the premises and, subject to Lessee's reasonable security requirements. 20.5 Exercise the sections of this Agreement entitled "Casualty" and "Insurance", the Port Authority shall not in any event be liable to the Lessee or anyone claiming through the Lessee for any injury or damage to any property or to any person happening on or in the premises nor for any injury or damage to the premises nor to any property located therein or thereon of the Lessee or of any other person claiming through the Lessee (other than to the extent occasioned by the willful misconduct or all negligent acts or omissions of the Port Authority, its Commissioners, officers, agents, employees, representatives and contractors). Without limiting the generality of the foregoing rightsor of any express provision of this Agreement, by the County, nothing in this paragraph (d) or others under right in this Agreement is intended to create any third-party beneficiary of this Agreement or to create any obligation of the CountyPort Authority to the Lessee's officers, shall members, employees, agents, representatives, contractors, customers, guests or invitees or to any other person or organization not be, nor be construed a party to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwisethis Agreement.

Appears in 1 contract

Samples: Lease Agreement (KBW Inc)

RIGHTS OF ENTRY RESERVED. 20.1 17.1 The CountyCities, by its their officers, employees, agents, representatives and contractors contractors, shall have the right at all reasonable times to enter upon the Leased Premises and enter the Improvements for any and all purposespurposes not inconsistent with this Agreement, providedincluding, without limitation, inspection and environmental testing, provided such action by the CountyCities, its their officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's use, occupancy, occupancy or security requirements of the Leased Premises. Except when necessary for reasons of public safety or law enforcement, or for the protection of property, as determined by Cities, Cities shall provide seventy-two (72) hours written notice of its intent to inspect. 20.2 17.2 Without limiting the generality of the foregoing, the CountyCities, by its their officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its their own cost and expense, whether for its their own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, Airport mechanical, electrical and other utility systems and to enter upon the easements in the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyCities, be deemed necessary or advisable, and from time to time to construct or install over, in or under existing easements within the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises existing easements for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, the County Cities shall not install a utility under or through any building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee, all such utilities to be placed within existing easements, except as provided in Article 14. It is specifically understood and agreed that the reservation of the aforesaid right by the County Cities shall not impose or be construed to impose upon the County Cities any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises; provided, however, that if they repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services to others, the Cities will restore the Leased Premises to their preexisting condition in a timely manner. Lessee will provide for the installation, maintenance and repair, at its own expense, of all service lines of utilities providing services only to the Leased Premises. Cities will repair, replace and maintain all other utility lines, at Cities' expense. 20.3 17.3 In the event that any personal property of Lessee shall obstruct the access of the CountyCities, its their officers, employees, agents or contractors, or the utility company furnishing utility service over, along and across the existing easements to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such systemsystem pursuant to Section 17.2, Lessee shall move such property, as directed by the County Cities or said utility company, upon reasonable notice by the Cities, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County the Cities or said utility company to do so, the County Cities or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim against the Cities for damages as a result therefromthere from, except for claims for damages arising from the County's sole Cities' negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Hangar Ground Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 The CountyCity, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposespurposes not inconsistent with this Agreement, provided, such action by the CountyCity, its officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's ’s use, occupancy, or security requirements of the Leased Premises. 20.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 In the event that any personal property of the Lessee shall obstruct the access of the CountyCity, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, the Lessee shall move such property, as directed by the County City or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If the Lessee shall fail to so move such property after direction from County the City or said utility company to do so, the County City or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further the Lessee hereby waives any claim against the City for damages as a result therefromthere from, except for claims for damages arising from the County's City’s sole negligence. 20.4 . At any reasonable time, and from time to time during the ordinary business hours, the CountyCity, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to the Lessee's ’s reasonable security requirements. 20.5 . Exercise of any or all of the foregoing rightsrights in this Article, by the CountyCity, or others under right of the CountyCity, shall not be, nor be construed to be, an eviction of the Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damagesdamages against the City, consequential or otherwise, except claims for damage to person or property caused solely by the negligence of the City.

Appears in 1 contract

Samples: Land Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 17.1 The CountyCity, by its officers, employees, agents, representatives and contractors contractors, shall have the right at all reasonable times to enter upon the Leased Premises and enter the Improvements for any all purposes not inconsistent with this Agreement, including without limitation inspection and all purposesenvironmental testing, provided, provided such action by the County, its officers, employees, agents, representatives and contractors City does not unreasonably interfere with the LesseeXxxxxx's use, occupancyoccupancy or security requirements. Except when necessary for reasons of public safety or law enforcement, or security requirements for the protection of property, the Leased PremisesCity shall provide 72 hours written notice of its intent to inspect. 20.2 17.2 Without limiting the generality of the foregoing, the CountyCity, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, Airport mechanical, electrical and other utility systems and to enter upon the easements in the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as maymay be necessary or advisable, in the reasonable opinion of the County, be deemed necessary or advisableCity, and from time to time to construct or install over, in or under existing easements within the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises existing easements for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, the County City shall not install a utility under or through any building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased Premises by the LesseeXxxxxx, all such utilities to be placed within existing easements, except as provided in Article 14. It is specifically understood and agreed that the reservation Reservation of the aforesaid right by the County City shall not impose or be construed to impose upon the County City any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises; provided, however, that if they repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services to others, the City will restore the Leased Premises to their preexisting condition in a timely manner. Lessee will provide for the installation, maintenance and repair, at its own expense, of all service lines of utilities providing services only to the Leased Premises. City will repair, replace and maintain all other utility lines, at City' expense. 20.3 In the event that 17.3 If any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or City across the utility company furnishing utility service existing easements to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such systemsystem pursuant to Section 17.2, Lessee shall move such property, as directed by the County City or said utility company, upon reasonable notice by the City, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County the City or said utility company to do so, the County City or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim against the City for damages as a result therefromthere from, except for claims for damages arising from the County's sole City' negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Hangar Ground Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 The County(a) With reasonable advance notice (except in the case of emergencies in which case no notice is required) the Sublessor or the Port Authority, by its their respective officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Subleased Premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountySublessee of its obligations under the Sublease, its officers, employees, agents, representatives and contractors does not unreasonably interfere with for the Lessee's use, occupancydoing of any act or thing which the Sublessor or the Port Authority may be obligated or have the right to do under this Sublease, or security requirements of where the Leased PremisesSublessor or the Port Authority may otherwise be obligated or have the tight to do so. 20.2 Without (b) With reasonable advance notice (except in the case of emergencies in which case no notice is required) and without limiting the generality of the foregoing, the CountyPort Authority, by its officers, employees, agents, representatives, contractors contractors, and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, for the benefit of the Sublessor and Sublessee, or for the benefit of others than the Lessee Sublessee at the Airport, to maintain existing and future sewerage, utility, mechanical, electrical and other systems and to enter upon the Leased Subleased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and , and from time to time time, to construct or install over, in or under the Leased Subleased Premises such new systems or parts thereof thereof, and in connection with such maintenance to use the Leased Subleased Premises for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, construction the County Port Authority shall not unreasonably interfere with the actual use and occupancy of the Leased Subleased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased PremisesSublessee. 20.3 (c) In the event that any personal property of Lessee the Sublessee Property shall obstruct the access of the CountySublessor or the Port Authority, its officers, their respective employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical and other systems, systems and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee the Sublessee shall move such propertySublessee Property, as directed by the County or said utility companyPort Authority, in order that access may be had to the system or part thereof for its inspection, maintenance or repair. If Lessee , and , if the Sublessee shall fail to so move such property Sublessee Property after direction from County or said utility company the Port Authority to do so, the County or the utility company Port Authority may move it, it and the Lessee Sublessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligence. 20.4 (d) Nothing in this Section shall or shall be construed to impose upon the Sublessor any obligations so to construct or maintain or to make repairs, replacement, alterations or additions, or shall create any liability for any failure so to do. With respect to the Subleased Premises the Sublessee is and shall be in exclusive control and possession thereof and the Sublessor or the Port Authority shall not in any event be liable for any injury or damage to or to any person happening on or about said Subleased Premises nor for any injury or damage to said Subleased Premises nor to any property of the Sublessee or of any other person located therein or thereon (other than to the extent the same are occasioned by the affirmative, willful acts of the Sublessor or the Port Authority, its employees, agents and representatives). (e) At any reasonable time, time and from time to time during the ordinary business hourshours within the six (6) months next preceding the expiration of the subletting, the CountySublessor, for and by its officers, agents and employees, whether or not accompanied by a prospective lesseelessees, occupier occupiers or user users of the Leased Subleased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, and during such six-month period the Sublessor may place and maintain on the Subleased Premises the usual " To Let" signs, which signs 17 the Sublessee shall permit to remain without molestation. (f) If, during the last month of the subletting, the Sublessee shall have vacated the Subleased Premises and removed all or substantially all of its property from the Subleased Premises, subject to Lessee's reasonable security requirementsconsent of Sublessee, the Sublessor may immediately enter and alter, renovate and redecorate the Subleased Premises. 20.5 Exercise (g) The exercise of any or all of the foregoing rights, rights by the County, Sublessor or others under right of the County, shall not be, nor be or be construed to be, be an eviction of Lessee, the Sublessee nor be made the grounds ground for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Sublease Agreement (Baltia Air Lines Inc)

RIGHTS OF ENTRY RESERVED. 20.1 The County, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, ; provided, such action by the County, its officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's use, occupancy, or security requirements of the Leased Premises. 20.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County or said utility company to do so, the County or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, rights by the County, County or others under right of the County, County shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 The County, by its officers, employees, agents, representatives and contractors 15.1 City shall at all times during ordinary business hours have the right at all reasonable times to enter upon the Leased Premises and Improvements for the purposes of: (i) inspecting the same; (ii) confirming the performance by Lessee of its obligations under this Agreement; (iii) doing any other act which City may be obligated or have the right to perform under this Agreement or reasonably related thereto; and (iv) for any and all purposes, provided, such action by other lawful purpose. Such inspections shall be made only on 48 hour advance notice except in cases of emergency. Such notice shall be sufficient if prominently posted on the County, its officers, employees, agents, representatives and contractors does not unreasonably interfere with primary building for 48 hours prior to the Lessee's use, occupancy, or security requirements of the Leased Premisesinspection. 20.2 15.2 Without limiting the generality of the foregoing, the CountyCity, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, Airport mechanical, electrical and other utility systems and to enter upon the easements in the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as maymay be necessary or advisable, in the reasonable opinion of the County, be deemed necessary or advisableCity, and from time to time to construct or install over, in or under existing easements within the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises existing easements for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, the County City shall not install a utility under or through any building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee, all such utilities to be placed within existing easements, except as provided in Article 14. It is specifically understood and agreed that the reservation Reservation of the aforesaid right by the County City shall not impose or be construed to impose upon the County City any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises; provided, however, that if they repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services to others, the City will restore the Leased Premises to their preexisting condition in a timely manner. Lessee will provide for the installation, maintenance and repair, at its own expense, of all service lines of utilities providing services only to the Leased Premises. City will repair, replace and maintain all other utility lines, at City' expense. 20.3 In the event that 15.3 If any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or City across the utility company furnishing utility service existing easements to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such systemsystem pursuant to Section 16.2, Lessee shall move such property, as directed by the County City or said utility company, upon reasonable notice by the City, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County the City or said utility company to do so, the County City or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim against the City for damages as a result therefromthere from, except for claims for damages arising from the County's sole City' negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 (a) The CountyPort Authority, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountyLessee of its obligations under this Agreement, its officers, employees, agents, representatives and contractors does not unreasonably interfere with for the Lessee's use, occupancy, doing of any act or security requirements of thing which the Leased PremisesPort Authority may be obligated or have the right to do under this Agreement or otherwise. 20.2 (b) Without limiting the generality of the foregoing, the CountyPort Authority, by its officers, employees, agents, representatives, contractors and contractors, and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, for the benefit of the Lessee, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and, from time to time, to construct or install over, in or under the Premises new systems or parts thereof, and to use the Premises for access to other parts of the Airport otherwise not conveniently accessible (any such repairs, replacements, alterations, construction, installation or use for access being herein referred to as a "Utility Servicing"); provided, however, that in the conduct of such Utility Servicing the Port Authority shall (i) not unreasonably interfere with the use and occupancy of the Premises by the Lessee, (ii) provide the Lessee notice of any Utility Servicing (except in cases of emergency) and (iii) restore or cause the restoration of any excavation, demolition or other damage to the Premises resulting as part of the Utility Servicing to its original state. (1) Further, without limiting the generality of this Section, the Port Authority, by its officers, employees, agents, representatives and contractors and furnishers of service shall have the right, for its own benefit, for the benefit of the Lessee, or for the benefit of others than the Lessee at the Airport to maintain the portions of the Distribution Portion of the System, the Traffic Systems and the Cogeneration Facility located under or on the Premises and to enter upon the Premises at all times to make such repairs, replacements or alterations to the Distribution Portion of the System, the Traffic Systems, the AirTrain and the Cogeneration Facility as may, in the opinion of the Port Authority, be deemed necessary or desirable and, from time to time to construct or install over, in or under the Leased Premises such systems additions or parts thereof and in connection with such maintenance use the Leased Premises for access extensions to other parts said Distribution Portion of the Airport otherwise not conveniently accessibleSystem, the Traffic Systems, AirTrain and the Cogeneration Facility; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, construction the County Port Authority shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that Lessee pursuant to the reservation provisions of this Agreement. (2) Neither the Distribution Portion of the aforesaid right by System, the County AirTrain, the Traffic Systems or the Cogeneration Facility nor any part of any of the foregoing shall not impose be or be construed deemed to impose upon be a part of the County any obligation to repair, replace or alter any utility service lines now or hereafter located on Premises under the Leased Premises for the purpose of providing utility services only to the Leased PremisesLease. 20.3 (d) In the event that any personal property of the Lessee shall obstruct the access of the CountyPort Authority, its officers, employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical and other systems, systems and thus shall interfere with the inspection, maintenance or repair of any such system, the Lessee shall move such property, as directed by the County or said utility companyPort Authority, in order that access may be had to the system or part thereof for its inspection, maintenance or repair. If , and, if the Lessee shall fail to so move such property after direction from County or said utility company the Port Authority to do so, the County or the utility company Port Authority may move it, it and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligence. 20.4 (e) Nothing in this Section shall or shall be construed to impose upon the Port Authority any obligations so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to do. The Lessee is and shall be in exclusive control and possession of the Premises and the Port Authority shall not in any event be liable for any injury or damage to any property or to any Person happening on or about the Premises nor for any injury or damage to the Premises except as set forth in paragraph (b) of this Section nor to any property of the Lessee or of any other Person located in or thereon (other than those occasioned by the affirmative acts of the Port Authority, its employees, agents and representatives). (f) At any reasonable time, time and from time to time during the ordinary business hourshours within the six (6) months next preceding the expiration of the letting, the CountyPort Authority, for and by its officers, agents and employees, whether or not accompanied by a prospective lesseelessees, occupier occupiers or user users of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise (g) If, during the last month of the letting, the Lessee shall have removed all or substantially all its property from the Premises, the Port Authority may, with the prior written consent of the Lessee, immediately enter and alter, renovate and redecorate the Premises. (h) Without limiting the generality of this Section, the Port Authority, by its officers, employees, agents, representatives, contractors and furnishers of services, and the Port Authority's lessees, permittees and other Persons which now or in the future are occupants or users of the Terminal 6 Site with the permission of the Port Authority, by its and their contractors, employees, agents, representatives and furnishers of services shall have the right, for the benefit of the Port Authority, or for the benefit of such lessees, permittees and other Persons or for the benefit of the Lessee to enter upon the Premises at all times to construct such modifications, additions, installations, equipment, fixtures, structures, improvements and facilities on the Premises as may in the opinion of the Port Authority be necessary or desirable in connection with the use, occupancy and or redevelopment of the Terminal 6 Site, including without limitation modifications, additions, installations, equipment, fixtures, structures, improvements and facilities to signage, arrivals level roadways and frontages, departures level roadways and frontages, fire alarm systems and that portion of the New Passenger Terminal adjoining the Terminal 6 Site as shall be necessary or desirable to permit the free flow and circulation of the public and other users and occupants of the Terminal 6 Site and their vehicles, aircraft and other equipment between the Terminal 6 Site and the Premises, between the Terminal 6 Site and the Terminal 5 AirTrain Connector and as shall be necessary or desirable to connect a new passenger terminal on the Terminal 6 Site to the New Passenger Terminal in such a manner as the two terminals would function as one continuous terminal. (i) The exercise of any or all of the foregoing rights, rights by the County, Port Authority or others under right of the County, shall not be, nor be or be construed to be, be an eviction of Lessee, the Lessee nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Jetblue Airways Corp)

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RIGHTS OF ENTRY RESERVED. 20.1 The County1. Upon Written Notice, the Lessor, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, provided, provided such action by the CountyLessor, its officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's use, occupancy, occupancy or security requirements of the Leased Premises. 20.2 2. Without limiting the generality of the foregoing, the CountyLessor, by its officers, employees, agents, representatives, contractors and furnishers furnisher of utilities and other services, shall have the right, right at its own cost and expense, expense whether for its own benefit, benefit or for the benefit of others other than the Lessee at the Airport, Airport to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, thereto as may, may in the opinion of the County, Lessor be deemed necessary or advisableadvisable and, and from time to time time, to construct or install over, in or under the Leased Premises Premises, such systems or parts thereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County Lessor shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County Lessor shall not impose or be construed to impose upon the County Lessor any obligation to repair, replace or alter any utility service lines lines, now or hereafter hereafter, located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 3. In the event that any personal property of Lessee shall obstruct the access of the CountyLessor, its officers, employees, agents or contractors, contractors or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, systems and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, property as directed by the County Lessor or said utility company, company in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property property, after direction from County the Lessor or said utility company to do so, the County Lessor or the utility company may move it, it and the Lessee hereby agrees to pay the cost of such moving upon demanddemand and, and further further, Lessee hereby waives any claim for damages as a result therefrom, therefrom except for claims for damages arising from the County's Lessor’s sole negligence. 20.4 At 4. Upon Written Notice, at any reasonable time, time and from time to time during the ordinary business hours, the CountyLessor, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, employees shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. A representative of Lessee shall be permitted to accompany Lessor, its officers, agents and employees any such person or persons while present on the Leased Premises. 20.5 Exercise 5. The exercising of any or all of the foregoing rights, rights by the County, Lessor or others under right of the County, Lessor shall not be, nor be construed to be, be an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or for demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Assignment

RIGHTS OF ENTRY RESERVED. 20.1 (a) The CountyPort Authority, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountyLessee of its obligations under this Agreement, its officers, employees, agents, representatives and contractors does not unreasonably interfere with for the Lessee's use, occupancy, doing of any act or security requirements of thing which the Leased PremisesPort Authority may be obligated or have the right to do under this Agreement or otherwise. 20.2 (b) Without limiting the generality of the foregoing, the CountyPort Authority, by its officers, employees, agents, representatives, contractors representatives and furnishers of utilities and other servicescontractors, shall have the right, at its own cost and expense, whether for its own benefit, the benefit of the Lessee or for the benefit of others than the Lessee at the AirportFacility, to maintain initially existing and future utility, mechanical, electrical electrical, communication and other systems or portions thereof on the premises, and to enter upon the Leased Premises premises at all reasonable times to make such repairs, alternations and replacements or alterations thereto, as may, in the opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and, and from time to time time, to construct or install over, in in, under or under through the Leased Premises such systems or parts thereof premises new lines, pipes, mains, wires, conduits, equipment and in connection with such maintenance other such; and to use the Leased Premises premises for access to other parts portions of the Airport Facility not otherwise not conveniently accessible, ; provided, however, that in the exercise of such right of access, repair, alteration alteration, replacement, construction or new construction, the County access shall not unreasonably interfere with the actual use and occupancy of the Leased Premises premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 (c) In the event that any personal property of the Lessee shall obstruct the access of the CountyPort Authority, its officers, employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical electrical, communication and other systems, systems and thus shall interfere with the inspection, maintenance maintenance, repair or repair modification of any such system, the Lessee shall move such property, property as directed requested by the County or said utility companyPort Authority, in order that the access may be had to the system or part thereof for its inspection, maintenance maintenance, repair or repairmodification. (d) Nothing in this Section shall or shall be construed to impose upon the Port Authority any obligations so to construct or maintain or to make repairs, replacements, alternations or additions, or shall create any liability for any failure so to do. If The Lessee is and shall fail to so move such property after direction from County or said utility company to do so, be in exclusive control and possession of the County or the utility company may move it, premises and the Port Authority shall not in any event be liable for any injury or damage to any property or to any person happening on or about the premises nor for any injury or damage to the premises nor to any property of the Lessee hereby agrees to pay or of any other person located therein or thereon (other than those occasioned by the cost negligent acts of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligencePort Authority). 20.4 (e) At any reasonable time, time and from time to time during normal business hours within the ordinary business hourssix (6) months next preceding the expiration of the letting, the CountyPort Authority, by its officers, agents and employees, whether or not accompanied by a prospective lesseelessees, occupier occupiers or user users of the Leased Premisespremises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same. (f) If, subject to during the last month of the letting, the Lessee shall have removed all or substantially all of the Lessee's reasonable security requirementsproperty from the premises, the Port Authority may immediately enter and alter, renovate and redecorate the premises and change locks on doors in the premises. 20.5 Exercise (g) The exercise of any or all of the foregoing rights, rights by the County, Port Authority or others under right of the County, shall not be, nor be or be construed to be, be an eviction of Lessee, the Lessee nor be made on the grounds for any abatement of rental nor or any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Financial Services Acquisition Corp /De/)

RIGHTS OF ENTRY RESERVED. 20.1 17.1 The CountyCities, by its their officers, employees, agents, representatives and contractors contractors, shall have the right at all reasonable times to enter upon the Leased Premises and enter the Improvements for any and all purposespurposes not inconsistent with this Agreement, providedincluding, without limitation, inspection and environmental testing, provided such action by the CountyCities, its their officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's use, occupancy, or security requirements of the Leased Premises.representatives 20.2 17.2 Without limiting the generality of the foregoing, the CountyCities, by its their officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its their own cost and expense, whether for its their own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, Airport mechanical, electrical and other utility systems and to enter upon the easements in the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyCities, be deemed necessary or advisable, and from time to time to construct or install over, in or under existing easements within the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises existing easements for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, the County Cities shall not install a utility under or through any building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or , all such utilities to be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the placed within existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County or said utility company to do so, the County or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefromeasements, except for claims for damages arising from the County's sole negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.as provided in Article

Appears in 1 contract

Samples: Hangar Ground Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 21.1 The County, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, provided, provided such action by the County, its officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's ’s use, occupancy, or security requirements of the Leased Premises. 20.2 21.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof thereof, and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 21.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County or said utility company to do so, the County or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's ’s sole negligence. 20.4 21.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's ’s reasonable security requirements. 20.5 21.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 The County21.1 County and Manager, by its their officers, employees, agents, representatives and contractors contractors, shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposes, provided, provided such action by the CountyCounty or Manager, its their officers, employees, agents, representatives and contractors does not unreasonably interfere with the Lessee's ’s use, occupancy, or security requirements require- ments of the Leased Premises. Except in the case of an emergency, the County shall give Lessee at least 24 hours’ advance written notice prior to entering any buildings of Lessee located on the Leased Premises. 20.2 21.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under the Leased Premises such systems or parts thereof thereof, and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, provided, however, that in the exercise of such right of access, repair, alteration or new construction, the County shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 21.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County Director, Manager or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County Director, Manager or said utility company to do so, the County Director, Manager or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's ’s or Manager’s sole negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 21.4 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement

RIGHTS OF ENTRY RESERVED. 20.1 (a) The CountyPort Authority, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times during business hours and, other than in an emergency (in which event the Port Authority shall give such oral notice as may be practicable), upon forty-eight (48) hours' notice (which, if given to a management level employee, may be given orally) to enter upon the Leased Premises premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountyLessee of its obligations under this Agreement, its officersand for the doing of any act or thing which the Port Authority may be obligated or have the right to do under this Agreement, employees, agents, representatives and contractors does not unreasonably interfere with subject however to the Lessee's use, occupancy, or security requirements provisions of the Leased Premisesparagraph (b) of this Section. 20.2 (b) Without limiting the generality of the foregoing, the CountyPort Authority, by its officers, employees, agents, representatives, contractors representatives and furnishers of utilities and other servicescontractors, shall have the right, at its own cost and expense, whether for its own benefit, for the benefit of the Lessee or for the benefit of others than the Lessee at the AirportWorld Trade Center, to enter upon the premises at all reasonable times during business hours and, other than in an emergency (in which event the Port Authority shall give such oral notice as may be practicable), upon forty-eight (48) hours' notice, (which if given to a management level employee. may be given orally) to maintain initially existing and future utility, mechanical, electrical electrical, communication and other systems or portions thereof on the premises, and to enter upon the Leased Premises at all reasonable times to make such repairs, alterations and replacements or alterations thereto, thereof as may, in the reasonable opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and, and from time to time time-to-time, to construct or install over, in in, under or under through the Leased Premises premises new lines, pipes, mains, wires, conduits, and other such systems or parts thereof equipment; and in connection with such maintenance to use the Leased Premises premises for access to other parts portions of the Airport World Trade Center not otherwise not conveniently accessible; and to take all material into and upon the premises that may be required for such maintenance repairs, provided, however, alterations and replacements; provided however that in the exercise of such right of access, maintenance repair, alteration or new alteration, replacement, construction, the County installation, taking of material, or access shall not unreasonably interfere with the actual use and or occupancy of the Leased Premises premises by the Lessee or the building services being provided to the Lessee or if in the event such maintenance, repair, alteration, replacement, construction, installation, taking of materials, or access will cause any unreasonable interference with the Lessee. It is specifically understood and agreed that the reservation 's use or occupancy of the aforesaid right premises, the Port Authority shall perform the same during other than normal business hours. All lines, pipes, mains, wires, conduits and equipment constructed or installed over, in, under or through the premises shall be, to the extent feasible, concealed behind interior walls, floors or ceilings or otherwise enclosed or "boxed out", provided that such alterations, replacements, construction or installation shall not materially reduce the usable areas of the premises, and for any such reduction of the number of usable square feet in any Area the Lessee shall be entitled to an abatement of basic rental and additional basic rental for such Area in accordance with the provisions of Section 18 of this Agreement entitled "Abatement of Rental". For purposes of this paragraph (b) a reduction of more than two hundred (200) usable square feet of the premises on a single floor shall be deemed material. The Port Authority shall not store any such materials in any portion of the premises, and shall promptly repair all damage to the premises caused by such work and shall restore any of the construction and installation work or utility, mechanical, electrical, communication and other systems, or portions thereof installed by the County shall not impose or be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased PremisesLessee which were damaged by such work. 20.3 (c) In the event that any personal property of the Lessee shall obstruct the access of the CountyPort Authority, its officers, employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical electrical, communication and other systems, systems and thus shall interfere with the inspection, maintenance maintenance, repair or repair modification of any such system, the Lessee shall, at its cost and expense (unless the Port Authority has expressly approved the Lessee's plans showing the location of such property required to be moved and did not comment on moving such location because it would obstruct such access or unless such property constituted Minor Work pursuant to paragraph (g) of Section 12 of this Agreement entitled "Construction by the Lessee" which cannot be moved without damage to the premises, in which event the moving of such property shall be at the Port Authority's cost and expense), move such property, property as directed requested by the County or said utility companyPort Authority, in order that access may be had to the system or part thereof for its inspection, maintenance maintenance, repair or repair. If Lessee modification. (d) Nothing in this Section 16 shall fail or shall be construed to impose upon the Port Authority any obligations so move such property after direction from County to construct or said utility company maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to do soexcept as otherwise expressly provided in this Agreement. From and after the Commencement Date, the County Lessee is and shall be in exclusive control and possession of the premises and subject to the provisions of Section 37 of this Agreement entitled "Liability Insurance" or otherwise expressly provided in this Agreement the utility company may move it, and Port Authority shall not in any event be Credit Suisse 042799 liable for any injury or damage to any property or to any person happening on or about the premises nor for any injury or damage to the premises nor to any property of the Lessee hereby agrees to pay or of any other person located therein or thereon (other than those occasioned by the cost negligent acts or omissions or willful misconduct of such moving upon demandthe Port Authority, and further Lessee hereby waives any claim for damages as a result therefromits Commissioners, except for claims for damages arising from the County's sole negligenceofficers, employees, agents, contractors or representatives). 20.4 (e) At any reasonable time, time and from time to time during normal business hours within the ordinary business hourssix (6) months next preceding the expiration of the letting, the CountyPort Authority, by its officers, agents and employees, whether or not accompanied by a prospective lesseelessees, occupier occupiers or user users of the Leased Premisespremises, shall have the right right, upon one hours' oral notice to a management level employee of the Lessee, to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject provided however that the Port Authority shall not unreasonably interfere with the use or occupancy of the premises by the Lessee. (f) Notwithstanding anything to the contrary contained herein, the Lessee shall have the right, by notice to the Port Authority, to designate certain areas of the premises which require special security arrangements, and if in the exercise of its rights of entry under the foregoing paragraphs of this Section 16 the Port Authority requires entry to such secure areas the Port Authority will enter such secure areas, except in cases of emergency, only when accompanied by an authorized representative of the Lessee, provided that the Lessee designates such individual to the Port Authority upon the Lessee's reasonable security requirementsreceipt of the notice stipulated in the foregoing paragraphs from the Port Authority of its intention to enter such secure area and shall make such individual or a substitute available to the Port Authority at the time of its entry as stipulated in the notice. 20.5 Exercise (g) Except as otherwise expressly provided in this Agreement, the exercise of any or all of the foregoing rights, rights in accordance with the provisions of this Section 16 by the CountyPort Authority, its Commissioners, officers, employees, agents, representatives, contractors or others under right prospective lessees, occupiers or users of the County, premises shall not be, nor be or be construed to be, be an eviction of Lessee, the Lessee nor be made the grounds for any abatement of rental nor or any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)

RIGHTS OF ENTRY RESERVED. 20.1 (a) The CountyPort Authority, by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Leased Premises for any and all purposesthe purpose of inspecting the same, provided, such action for observing the performance by the CountyLessee of its obligations under this Agreement, its officers, employees, agents, representatives and contractors does not unreasonably interfere with for the Lessee's use, occupancy, doing of any act or security requirements of thing which the Leased PremisesPort Authority may be obligated or have the right to do under this Agreement or otherwise. 20.2 (b) Without limiting the generality of the foregoing, the CountyPort Authority, by its officers, employees, agents, representatives, contractors and contractors, and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, for the benefit of the Lessee, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, mechanical, electrical and other systems and to enter upon the Leased Premises Terminal at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the CountyPort Authority, be deemed necessary or advisableadvisable and, from time to time, to construct or install over, in or under the Terminal new systems or parts thereof, and to use the Terminal for access to other parts of the Airport otherwise not conveniently accessible; provided, however, that in the exercise of such rights of access, repair, alteration or new construction the Port Authority shall not unreasonably interfere with the use and occupancy of the Terminal by the Lessee. (1) Further, without limiting the generality of this Section, the Port Authority, by its officers, employees, agents, representatives and contractors and furnishers of service shall have the right, for its own benefit, for the benefit of the Lessee, or for the benefit of others than the Lessee at the Airport to maintain the portions of the Distribution Portion of the System, the Traffic Systems and the Cogeneration Facility located under or on the Terminal and to enter upon the Terminal at all times to make such repairs, replacements or alterations to the Distribution Portion of the System, the Traffic Systems and the Cogeneration Facility as may, in the opinion of the Port Authority, be deemed necessary or desirable and, from time to time to construct or install over, in or under the Leased Premises such systems Terminal additions or parts thereof and in connection with such maintenance use the Leased Premises for access extensions to other parts said Distribution Portion of the Airport otherwise not conveniently accessibleSystem, the Traffic Systems and the Cogeneration Facility; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, construction the County Port Authority shall not unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that Lessee pursuant to the reservation provisions of this Agreement. (2) Neither the Distribution Portion of the aforesaid right by System, the County AirTrain, the Traffic Systems or the Cogeneration Facility nor any part of any of the foregoing shall not impose be or be construed deemed to impose upon be a part of the County any obligation to repair, replace or alter any utility service lines now or hereafter located on Premises under the Leased Premises for the purpose of providing utility services only to the Leased PremisesLease. 20.3 (d) In the event that any personal property of the Lessee shall obstruct the access of the CountyPort Authority, its officers, employees, agents or contractors, or the utility company furnishing utility service contractors to any of the existing or future utility, mechanical, electrical and other systems, the foregoing to include without limitation the Distribution Portion of the System, the AirTrain, the Traffic Systems and the Cogeneration Facility, and thus shall interfere with the inspection, maintenance or repair of any such system, the Lessee shall move such property, as directed by the County or said utility companyPort Authority, in order that the access may be had to the system or part thereof for its inspection, maintenance or repair. If , and, if the Lessee shall fail to so move such property after direction from County or said utility company the Port Authority to do so, the County or the utility company Port Authority may move it, it and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefrom, except for claims for damages arising from the County's sole negligence. 20.4 (e) Nothing in this Section shall or shall be construed to impose upon the Port Authority any obligations so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to do. The Lessee is and shall be in exclusive control and possession of the Premises and the Port Authority shall not in any event be liable for any injury or damage to any property or to any Person happening on or about the Premises nor for any injury or damage to the Premises nor to any property of the Lessee or of any other Person located in or thereon (other than those occasioned by the affirmative acts of the Port Authority, its employees, agents and representatives). (f) At any reasonable time, time and from time to time during the ordinary business hourshours within the six (6) months immediately preceding the expiration of the letting, the CountyPort Authority, for and by its officers, agents and employees, whether or not accompanied by a prospective lesseelessees, occupier occupiers or user users of the Leased PremisesPremises and/or the Terminal, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise (g) If, during the last month of the letting, the Lessee shall have removed all its property from the Premises, the Port Authority may immediately enter and alter, renovate and redecorate the Premises and if, during the last month of the letting, the Lessee shall have removed substantially all its property from the Premises, the Port Authority, upon receipt of the Lessee’s written approval, may immediately enter and alter, renovate and redecorate the Premises. (h) The exercise of any or all of the foregoing rights, rights by the County, Port Authority or others under right of the County, shall not be, nor be or be construed to be, be an eviction of Lessee, the Lessee nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Jetblue Airways Corp)

RIGHTS OF ENTRY RESERVED. 20.1 17.1 The County, by its officers, employees, agents, representatives representatives, contractors and contractors others deemed appropriate by the County (including, but not limited to TSA, FAA, Fire Xxxxxxxx, insurance agents, utility companies, appraisers), shall have the right at all reasonable times to enter upon the Leased Premises and enter the Improvements for any and all purposespurposes not inconsistent with this Agreement, providedincluding, without limitation, inspection and environmental testing, provided such action by the County, its their officers, employees, agents, representatives and contractors does not unreasonably interfere with the LesseeXxxxxx's and/or Sublessees and Unit Owner’s use, occupancy, occupancy or security requirements of the Leased Premises. Except when necessary for reasons of public safety or law enforcement, or for the protection of property, as determined by County, County shall provide twenty four (24) hours written notice of its intent to inspect. 20.2 17.2 Without limiting the generality of the foregoing, the County, by its officers, employees, agents, representatives, contractors and furnishers of utilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, or for the benefit of others than the Lessee at the Airport, to maintain existing and future utility, Airport mechanical, electrical and other utility systems and to enter upon the easements in the Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of the County, be deemed necessary or advisable, and from time to time to construct or install over, in or under existing easements within the Leased Premises such systems or parts thereof and in connection with such maintenance use the Leased Premises existing easements for access to other parts of the Airport otherwise not conveniently accessible, ; provided, however, that in the exercise of such right rights of access, repair, alteration or new construction, the County shall not install a utility under or through any building on the Leased Premises or unreasonably interfere with the actual use and occupancy of the Leased Premises by the Lessee. It is specifically understood and agreed that the reservation of the aforesaid right by the County shall not impose or , all such utilities to be construed to impose upon the County any obligation to repair, replace or alter any utility service lines now or hereafter located on the Leased Premises for the purpose of providing utility services only to the Leased Premises. 20.3 In the event that any personal property of Lessee shall obstruct the access of the County, its officers, employees, agents or contractors, or the utility company furnishing utility service to any of the placed within existing utility, mechanical, electrical and other systems, and thus shall interfere with the inspection, maintenance or repair of any such system, Lessee shall move such property, as directed by the County or said utility company, in order that access may be had to the system or part thereof for inspection, maintenance or repair. If Lessee shall fail to so move such property after direction from County or said utility company to do so, the County or the utility company may move it, and the Lessee hereby agrees to pay the cost of such moving upon demand, and further Lessee hereby waives any claim for damages as a result therefromeasements, except for claims for damages arising from the County's sole negligence. 20.4 At any reasonable time, and from time to time during the ordinary business hours, the County, by its officers, agents and employees, whether or not accompanied by a prospective lessee, occupier or user of the Leased Premises, shall have the right to enter thereon for the purpose of exhibiting and viewing all parts of the same, subject to Lessee's reasonable security requirements. 20.5 Exercise of any or all of the foregoing rights, by the County, or others under right of the County, shall not be, nor be construed to be, an eviction of Lessee, nor be made the grounds for any abatement of rental nor any claim or demand for damages, consequential or otherwise.as provided in Article

Appears in 1 contract

Samples: Hangar Ground Lease Agreement

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