Common use of RIGHTS OF ENTRY RESERVED Clause in Contracts

RIGHTS OF ENTRY RESERVED. 19.1 The Port Authority, by its officers, employees, agents, representatives and contractors and Pan American and its subsidiaries and affiliates by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Space for the purpose of inspecting the same, for observing the performance by the User of its obligations under this Agreement and for the doing of any act or thing which the Port Authority or Pan American nay be obligated or have the right to do under this Agreement, or otherwise. 19.2 Without limiting the generality of the foregoing, Pan American, by its officers, employees, agents, representatives and contractors and by the employees, agents, representatives and contractors of any furnisher of utility services in the vicinity, shall have the right, for its own benefit, for the benefit of the User, or for the benefit of others than the User at the Airport, to maintain existing and future utilities systems or portions thereof on the Space, including therein, without limitation thereto, systems for the supply of heat, water, gas, fuel, electricity and for the furnishing of fire-alarm, fire-protection, sprinkler, sewerage, drainage, telegraph and telephone services, including all lines, pipes, mains, wires, conduits and equipment connected with or appurtenant to such systems, and to enter upon the Space at all reasonable times to make such repairs, replacements or alterations as may, in the opinion of Pan American, be deemed necessary or advisable and, from time to time to construct or install over, in or under the Space new systems or parts thereof, including lines, pipes, mains, wires, conduits and equipment; provided, however, that in the exercise of such rights of repair, alteration or new construction Pan American shall not unreasonably interfere with the use and occupancy of the Space by the User. 19.3 The exercise of any or all of the foregoing rights by the Port Authority, Pan American or others shall not be or be construed to be an eviction of the User nor be made the grounds for any abatement of fees, nor any claim or demand for damages, consequential or otherwise. 19.4 Nothing in this Section shall impose or shall be construed to impose upon Pan American or the Port Authority any obligation so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to do.

RIGHTS OF ENTRY RESERVED. 19.1 17.1 The Port Authority, by its officers, employees, agents, representatives and contractors and Pan American and its subsidiaries and affiliates by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Space Leased Premises for the purpose of inspecting the sameany and all purposes, for observing the performance provided, such action by the User of its obligations under this Agreement and for the doing of any act or thing which the Port Authority or Pan American nay be obligated or have the right to do under this AgreementAuthority, or otherwise. 19.2 Without limiting the generality of the foregoing, Pan American, by its officers, employees, agents, representatives and contractors and does not unreasonably interfere with the Lessee's use, occupancy, or security requirements of the Leased Premises. 17.2 Without limiting the generality of the foregoing, the Authority, by the its officers, employees, agents, representatives representatives, contractors and contractors furnishers of any furnisher of utility services in the vicinityutilities and other services, shall have the right, at its own cost and expense, whether for its own benefit, for the benefit of the User, or for the benefit of others than the User Lessee at the Airport, to maintain existing and future utilities utility, mechanical, electrical and other systems or portions thereof on the Space, including therein, without limitation thereto, systems for the supply of heat, water, gas, fuel, electricity and for the furnishing of fire-alarm, fire-protection, sprinkler, sewerage, drainage, telegraph and telephone services, including all lines, pipes, mains, wires, conduits and equipment connected with or appurtenant to such systems, and to enter upon the Space Leased Premises at all reasonable times to make such repairs, replacements or alterations thereto, as may, in the opinion of Pan Americanthe Authority, be deemed necessary or advisable andadvisable, and from time to time to construct or install over, in or under the Space new Leased Premises such systems or parts thereofthereof and in connection with such maintenance use the Leased Premises for access to other parts of the Airport otherwise not conveniently accessible, including lines, pipes, mains, wires, conduits and equipment; provided, however, that in the exercise of such rights right of access, repair, alteration or new construction Pan American construction, the Authority shall not unreasonably interfere with the actual use and occupancy of the Space Leased Premises by the UserLessee. It is specifically understood and agreed that the reservation of the aforesaid right by the Authority shall not impose or be construed to impose upon the 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. 19.3 The exercise 17.3 In the event that any personal property of Lessee shall obstruct the access of the Authority, 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 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 Authority or said utility company to do so, the 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 Authority's sole negligence. 17.4 At any reasonable time, and from time to time during the ordinary business hours, the Authority, 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. 17.5 Exercise of any or all of the foregoing rights rights, by the Port Authority, Pan American or others under right of the Authority, shall not be or be, nor be construed to be be, an eviction of the User Lessee, nor be made the grounds for any abatement of fees, 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. 19.4 Nothing 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 Section shall impose 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 construed to impose upon Pan American or and become additional rent recoverable by the Port Authority any obligation so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability in the same manner and with like remedies as if it were originally a part of the rent provided for any failure so to doin this Agreement.

RIGHTS OF ENTRY RESERVED. 19.1 20.1 The Port Authority, by its officers, employees, agents, representatives and contractors and Pan American and its subsidiaries and affiliates by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Space for the purpose of inspecting the same, for observing the performance by the User of its obligations under this Agreement and for the doing of any act or thing which the Port Authority or Pan American nay may be obligated or have the right to do under this Agreement, or otherwise. 19.2 20.2 Without limiting the generality of the foregoing, Pan American, by its officers, employees, agents, representatives and contractors and by the employees, agents, representatives and contractors of any furnisher of utility services in the vicinity, shall have the right, for its own benefit, for the benefit of the User, or for the benefit of others than the User at the Airport, to maintain existing and future utilities systems or portions thereof on the Space, including therein, without limitation thereto, systems for the supply of heat, water, gas, fuel, electricity and for the furnishing of fire-alarm, fire-protection, sprinkler, sewerage, drainage, telegraph and telephone services, including all lines, pipes, mains, wires, conduits and equipment connected with or appurtenant to such systems, and to enter upon the Space at all reasonable times to make such repairs, replacements or alterations as may, in the opinion of Pan American, be deemed necessary or advisable and, from time to time to construct or install over, in or under the Space new systems or parts thereof, including lines, pipes, mains, wires, conduits and equipment; provided, however, that in the exercise of such rights of repair, alteration or new construction Pan American shall not unreasonably interfere with the use and occupancy of the Space by the User. 19.3 20.3 The exercise of any or all of the foregoing rights by the Port Authority, Pan American or others shall not be or be construed to be an eviction of the User nor be made the grounds for any abatement of fees, nor any claim or demand for damages, consequential or otherwise. 19.4 20.4 Nothing in this Section shall impose or shall be construed to impose upon Pan American or the Port Authority any obligation so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to do.

RIGHTS OF ENTRY RESERVED. 19.1 (a) The Port Authority, by its officers, employees, agents, representatives and contractors and Pan American and its subsidiaries and affiliates 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 Space premises for the purpose of inspecting the same, for observing the performance by the User Lessee of its obligations under this Agreement Agreement, and for the doing of any act or thing which the Port Authority or Pan American nay may be obligated or have the right to do under this Agreement, or otherwisesubject however to the provisions of paragraph (b) of this Section. 19.2 (b) Without limiting the generality of the foregoing, Pan Americanthe Port Authority, by its officers, employees, agents, representatives and contractors and by the employees, agents, representatives and contractors of any furnisher of utility services in the vicinitycontractors, shall have the right, for its own benefit, for the benefit of the User, Lessee or for the benefit of others than the User 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 utilities utility, mechanical, electrical, communication and other systems or portions thereof on the Spacepremises, including thereinand to make such repairs, without limitation theretoalterations and replacements thereof as may, systems in the reasonable opinion of the Port Authority, be deemed necessary or advisable and, from time-to-time, to construct or install over, in, under or through the premises new lines, pipes, mains, wires, conduits, and other such equipment; and to use the premises for access to other portions of the supply World Trade Center not otherwise accessible; and to take all material into and upon the premises that may be required for such maintenance repairs, alterations and replacements; provided however that such maintenance repair, alteration, replacement, construction, installation, taking of heatmaterial, wateror access shall not unreasonably interfere with the use or occupancy of the premises by the Lessee or the building services being provided to the Lessee or if in the event such maintenance, gasrepair, fuelalteration, electricity and for replacement, construction, installation, taking of materials, or access will cause any unreasonable interference with the furnishing Lessee's use or occupancy of fire-alarmthe premises, fire-protection, sprinkler, sewerage, drainage, telegraph and telephone services, including all the Port Authority shall perform the same during other than normal business hours. All lines, pipes, mains, wires, conduits and equipment connected 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 appurtenant to such utility, mechanical, electrical, communication and other systems, or portions thereof installed by the Lessee which were damaged by such work. (c) In the event that any property of the Lessee shall obstruct the access of the Port Authority, its employees, agents or contractors to any of the existing or future utility, mechanical, electrical, communication and to enter upon the Space at all reasonable times to make such repairs, replacements or alterations as may, in the opinion of Pan American, be deemed necessary or advisable and, from time to time to construct or install over, in or under the Space new other systems or parts thereof, including lines, pipes, mains, wires, conduits and equipment; provided, however, that in the exercise of such rights of repair, alteration or new construction Pan American thus shall not unreasonably interfere with the use inspection, maintenance, repair or modification of any such system, the Lessee shall, at its cost and occupancy expense (unless the Port Authority has expressly approved the Lessee's plans showing the location of the Space 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 User. 19.3 The exercise Lessee" which cannot be moved without damage to the premises, in which event the moving of any or all of such property shall be at the foregoing rights Port Authority's cost and expense), move such property as requested by the Port Authority, Pan American in order that access may be had to the system or others shall not be part thereof for its inspection, maintenance, repair or be construed to be an eviction of the User nor be made the grounds for any abatement of fees, nor any claim or demand for damages, consequential or otherwisemodification. 19.4 (d) Nothing in this Section 16 shall impose or shall be construed to impose upon Pan American or the Port Authority any obligation obligations so to construct or maintain or to make repairs, replacements, alterations or additions, or shall create any liability for any failure so to dodo except as otherwise expressly provided in this Agreement. From and after the Commencement Date, the 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 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 or of any other person located therein or thereon (other than those occasioned by the negligent acts or omissions or willful misconduct of the Port Authority, its Commissioners, officers, employees, agents, contractors or representatives). (e) At any time and from time to time during normal business hours within the six (6) months next preceding the expiration of the letting, the Port Authority, by its agents and employees, whether or not accompanied by prospective lessees, occupiers or users of the premises, shall have the 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, 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 receipt 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. (g) Except as otherwise expressly provided in this Agreement, the exercise of any or all of the foregoing rights in accordance with the provisions of this Section 16 by the Port Authority, its Commissioners, officers, employees, agents, representatives, contractors or prospective lessees, occupiers or users of the premises shall not be or be construed to be an eviction of the Lessee nor be made the grounds for any abatement of rental or any claim or demand for damages, consequential or otherwise.

RIGHTS OF ENTRY RESERVED. 19.1 (a) The Port Authority, by its officers, employees, agents, representatives and contractors and Pan American and its subsidiaries and affiliates by its officers, employees, agents, representatives and contractors shall have the right at all reasonable times to enter upon the Space premises for the purpose of inspecting the same, for observing the performance by the User Lessee of its obligations under this Agreement Agreement, and for the doing of any act or thing which the Port Authority or Pan American nay may be obligated or have the right to do under this Agreement, Agreement or otherwise. 19.2 (b) Without limiting the generality of the foregoing, Pan Americanthe Port Authority, by its officers, employees, agents, representatives representatives, and contractors contractors, and by the employees, agents, representatives and contractors of any furnisher of utility services in the vicinityutilities and other services, shall have the right, for its own benefit, for the benefit of the UserLessee, or for the benefit of others than the User Lessee at the Airport, to maintain existing and future utilities utility, systems or portions thereof on the Spacepremises, including therein, therein without limitation thereto, systems for the supply of heat, water, gas, fuel, electricity electricity, and for the furnishing of fire-alarm, fire-protection, sprinkler, sewerage, drainage, telegraph and telephone servicesservice, including all lines, pipes, mains, wires, conduits and equipment connected with or appurtenant to such systems, and to enter upon the Space premises at all reasonable times to make such repairs, replacements or alterations as may, in the opinion of Pan Americanthe Port Authority, be deemed necessary or advisable and, from time to time time, to construct or install over, in or under the Space premises new systems or parts thereof, including lines, pipes, mains, wires, conduits and equipment; , and to use the premises 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 Pan American the Port Authority shall not unreasonably interfere with the use and occupancy of the Space premises by the UserLessee. 19.3 The exercise (c) In the event that any property of the Lessee shall obstruct the access of the Port Authority, its employees, agents or contractors to any of the existing or future utility, mechanical, electrical or other systems and thus shall interfere with the inspection, maintenance or repair of any or all of such system, the foregoing rights Lessee shall move such property, as directed by the Port Authority, Pan American in order that access may be had to the system or others part thereof for its inspection, maintenance or repair, and, if the Lessee shall not be or be construed fail to be an eviction so remove such property after direction from the Port Authority to do so, the Port Authority may move it and the Lessee hereby agrees to pay the cost of the User nor be made the grounds for any abatement of fees, nor any claim or demand for damages, consequential or otherwisesuch moving upon demand. 19.4 (d) Nothing in this Section shall impose or shall be construed to impose upon Pan American or the Port Authority any obligation 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. With respect to the (e) At any time and from time to time during ordinary business hours within the six (6) months next preceding the expiration of the letting, the Port Authority, for and by its agents and employees, whether or not accompanied by prospective lessees, occupiers or users of the 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 Port Authority may place and maintain on the premises the usual "To Let" signs, which signs the Lessee shall permit to remain without molestation. (f) If, during the last month of the letting, the Lessee shall have removed all or substantially all of its property from the premises, the Port Authority may immediately enter and alter, renovate and redecorate the premises. (g) No abatement of rental shall be claimed by or allowed to the Lessee by reason of the exercise of any or all of the foregoing rights by the Port Authority or others.