Rights of Landlord. Landlord reserves the following rights: (a) to ------------------ change the name of the Building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicable
Appears in 1 contract
Rights of Landlord. Landlord reserves the following rights: (a) to ------------------ change the address and/or name of the Building building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering lettering, ice, bottled water and restroom toilet supplies used on the Premisespremises; (c) if Tenant vacates constantly to have pass keys to the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancypremises; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building; building in which the demised premises are situated provided that in no instance shall such exclusive right does interfere or conflict with Tenant’s banking business; (e) to enter the demised premises upon 24 hour written notice except in an emergency whether or not restrict Tenant's allowed uses Tenant is present to admit Landlord for inspections, repairs, alterations or additions to the premises or the building in which the premises are situated for window cleaning and janitorial services, to exhibit the premises to others, to affix and display “For Rent” signs during the last 6 months of the Premisesterm of this lease, as provided by this Leaseand for any purpose whatsoever related to the safety, protection, preservation or improvement of the premises, the said building, or Landlord’s interest, without being deemed guilty of an eviction or disturbance of Tenant’s use and possession, and without being liable in any manner to Tenant on account thereof; and (f) at any time, and from time to time, whether at the instance of Landlord or pursuant to governmental requirements, at Landlord's ’s expense, to decorate or make repairs, alterations, additions additions, improvements, whether structural or improvementsotherwise, in or to the Building building, or any part thereof, including the Premisesdemised premises. Without limiting the generality of the foregoing rights, including Landlord shall specifically have the right to remove, alter, improve or rebuild the Common Areas lobby and Facilitiesall other public and rentable areas of the building as the same are presently or shall hereafter be constituted, or any part or parts thereof. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises demised premises or the Buildingbuilding or any adjacent or nearby buildings, land, street or alley, all claims against the Landlord for any and all such liability being hereby expressly released by Tenant, unless caused by Landlord’s negligence or willful misconduct. In connection with making repairs, alterations alterations, decorating, additions or additions hereunder, improvements under the terms of this Article. Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premisesdemised premises, as well as the right to take materials into and upon and through said premises or any other part of the building all material that may be required to perform the foregoing into and through the Premisesmake such repairs, alterations, decorating, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities building facilities, or temporarily to xxxxx the operations operation of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant’s property, business or person and without liability to Tenant by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant provided that Landlord shall in all events use the right of access hereunder in such a manner as to minimize the disruption to Tenant’s business. Rent The rent reserved herein shall not in no wise xxxxx while the foregoing is said repairs, alterations, decorating, additions or improvement are being performed made, and Tenant shall not be entitled to maintain any offset set-off or counterclaim counter-claim for damages of any kind against Landlord by reason thereofthereof except in the case of Landlord’s negligence, However, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicable. Landlord reserves and shall have the right to enter upon the demised premises for the purpose of posting and maintaining such notices on the premises as may be necessary to protect Landlord against mechanic’s, materialmen’s or other liens and any other notices that may be proper and necessary.
Appears in 1 contract
Rights of Landlord. Landlord reserves the following rights: (a) Landlord hereby reserves the right to ------------------ elect at any time upon sixty (60) days prior written notice, to change the name location of the Building Premises in the Development, provided such relocated premises shall contain approximately the same number of square feet as the original Premises. Tenant hereby agrees to be bound by such election and to execute, upon receipt from Landlord, whatever amendments or other instruments as may be required to correctly reflect the foregoing. Landlord shall pay the costs of renovating the relocated Premises so that the same are substantially similar to the original Premises (including leasehold improvements) and of moving and reinstalling Tenant’s Personal Property and storefront sign as well as incidental costs incurred by Xxxxxx as a result of the relocation such as reprinting business cards, changing directories, and advertising, not to exceed $1,000.00. Further, Tenant shall not be required to close its business in the Shopping Center for more than five (5) days to effect such relocation. During such period as Tenant is required to be closed, Rental shall be abated during any period of such closure. Landlord shall have no liability for such relocation or the closing of the Premises other than as specifically set forth in this paragraph and Tenant waives any such claims including, without notice or liability to Tenant; limitation, claims for lost profits.
(b) In the event Landlord elects to designate all sources furnishing sign painting expand or lettering and restroom supplies used on renovate, redevelop, remodel, contract, demolish (in whole or in part) or alter the Development in any manner that Landlord, reasonably determines is necessary for Landlord to obtain possession of the Premises; (c) if Tenant vacates the Premises at any time during the last , Landlord, upon ninety (90) days prior written notice, may terminate this Lease. In the event of such termination, within thirty (30) days following the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided date that such exclusive right does not restrict Tenant's allowed uses of Tenant shall have vacated the Premises, as provided by paid all and performed all other accrued obligations under this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or Lease through to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence effective date of Landlordsuch termination, Landlord shall not be liable pay to Tenant a sum equal to the then unamortized cost of Tenant’s leasehold improvements paid for by Tenant exclusive of any expenseTenant Allowance which has been paid to Tenant and the value of any construction chargebacks set forth in Exhibit B that have been waived by Landlord, injurysuch amortization to be on a straight-line basis over the initial Term commencing with the Rental Commencement Date. Upon written request from Landlord, loss or damage resulting from any work so done Tenant shall furnish to Landlord such information as Landlord may reasonably require in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course determination of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicablecosts.
Appears in 1 contract
Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)
Rights of Landlord. Following an Event of Default by Tenant, then in addition to any other remedies available to Landlord reserves at law or in equity, Landlord shall, subject to the following rights: terms and provisions of Article 18, have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice to Tenant of such intention to terminate. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant:
(a) to ------------------ change The worth at the name time of award of any unpaid Rental which had been earned at the Building without notice or liability to Tenanttime of such termination; plus
(b) to designate all sources furnishing sign painting or lettering and restroom supplies used on The worth at the Premisestime of award of the amount by which the unpaid Rental which would have been earned after termination until the time of award exceeds the amount of such Rental loss Tenant proves could have been reasonably avoided; plus
(c) if Tenant vacates The worth at the Premises at any time during the last ninety (90) days of award of the Term, to decorate, remodel, repair, alter or otherwise prepare amount by which the Premises unpaid Rental for reoccupancythe balance of the Lease Term after the time of award exceeds the amount of such Rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to maintain pass keys compensate Landlord for all the detriment proximately caused by Xxxxxx’s failure to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business perform its obligations under this Lease or which in the Building; provided that such exclusive right does not restrict Tenant's allowed uses ordinary course of events would be likely to result therefrom including, without limitation, all costs and expenses incurred by Landlord in (i) retaking possession of the Premises, as provided by this Lease; and including reasonable attorney’s fees, (fii) at any time, at Landlord's expense, to decorate maintaining or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including preserving the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about (iii) preparing the Premises for a new tenant, including repairs or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right (iv) leasing commissions; plus
(e) Such other amounts in addition to or in lieu of access through the Premises, foregoing as well as the right to take materials that may be required permitted from time to perform time by Applicable Laws. As used in subsections (a) and (b) above, the foregoing into and through “worth at the Premisestime of award” is computed by allowing interest at the Interest Rate. As used in subsection (c) above, as well as the right in “worth at the course time of award” is computed by discounting such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx amount at the operations discount rate of such facilities, without being deemed or held guilty the Federal Reserve Bank of an eviction San Francisco at the time of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicableaward plus one percent (1%).
Appears in 1 contract
Samples: Ground Lease
Rights of Landlord. At any time during the Lease Term, Landlord reserves or its agents may enter the Premises at reasonable times upon for the purpose of exercising any or all of the following rights: reserved rights without being liable in any manner to Tenant, provided that Landlord shall have no duty or obligation to perform any of the rights so reserved:
(a1) to ------------------ To change the name of the Building Project without notice or liability to Tenant; ;
(b2) to designate To take any and all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Termmeasures, to decorateincluding making inspection, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or and improvements to the Building Project as may be necessary or desirable for the safety, protection, preservation, or more efficient operation of the Project or the enhancement or protection of Landlord's interests therein; and
(3) During the last 180 days of the Term or any part thereofrenewal or extension, including to display a sign advertising the availability of the Premises for lease, to show the Premises to prospective tenants, and to otherwise market the Premises for the purpose of reletting same, provided that Landlord shall exercise Landlord's best efforts to avoid unreasonable interruptions of the conduct of Tenant's business in the Premises.
(4) To enter upon prior reasonable notice to Tenant and conduct an inspection of the Premises, including specifically invasive tests, at any reasonable time to determine whether Tenant is complying with the right terms of the Lease, including but not limited to alterthe compliance of the Premises and the activities thereon with Environmental Requirements, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, provided that (i) Landlord shall not be liable exercise Landlord's best efforts to avoid unreasonable interruptions of the conduct of Tenant's business in the Premises; (ii) Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary be present during such entry by Landlord or its agents; and (iii) in the case of an emergency, no such notices shall be required. The cost of the Landlord's investigation shall be paid by Landlord unless such investigation discloses a violation of any Environmental Requirement by The Tenant Group or the existence of a Hazardous Material on the PremisesPremises or any other Premises caused by the actions of The Tenant Group (other than Hazardous Materials used in compliance with all Environmental Requirements and previously approved in writing by Landlord), and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and which case Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all pay such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicablecost.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Home Interiors & Gifts Inc)
Rights of Landlord. Landlord reserves the following rights: (a) Landlord and its agents shall have the right to ------------------ change enter the name Premises at all reasonable times for the purpose of cleaning the Premises or examining or inspecting the same, showing the same to prospective tenants, lenders or purchasers of the building, or in the case of an emergency, and to make such alterations, repairs, improvements or additions to the Premises or to the Building without notice of which they are a part as Landlord may deem necessary or liability desirable.* If Tenant shall not personally be present to Tenant; (b) to designate all sources furnishing sign painting or lettering open and restroom supplies used on the Premises; (c) if Tenant vacates permit an entry into the Premises at any time during when such an entry by Landlord is necessary by reason of emergency or permitted hereunder, Landlord may enter by means of a master key or pass key or may enter forcibly, without liability to Tenant except for any failure to exercise due care for Tenant's property, and any such entry by Landlord shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the last ninety Premises, or an eviction of Tenant from the Premises or any portion thereof.
(90b) days In addition to any other rights provided herein, Landlord shall have the following rights, exercisable in a reasonable manner without notice to Tenant and without any obligation to exercise such rights: to change the name or address of the Term, to decorate, remodel, repair, alter Building or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to suite number of the Premises; (e) to grant to anyone the exclusive right to conduct any particular business or render any service in the Building; , provided that such exclusive right does shall not restrict Tenant's allowed operate to exclude Tenant from the uses of the Premises, as provided by expressly permitted under this Lease; to have access to all mail chutes, if any, according to the rules of the United States Postal Service; to require all persons entering or leaving the Building during such yours as Landlord may from time to time reasonably determine to identify themselves to a watchman by registration or otherwise, establishing their right to enter or leave, and (f) at any timetime to exclude or expel any peddler, at Landlord's expensesolicitor, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting beggar from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs; to close the Building daily at such reasonable time as Landlord may determine, alterations or additions hereundersubject, Landlord shall have the however, to Tenant's right to post necessary notices on admittance at any time under such reasonable regulations as shall be prescribed from time to time by Landlord; to reasonably approve the Premisesweight, size and location of safes, vaults, computers, machinery, book shelves and other heavy equipment and articles in and about the Premises and the Building, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, require all such claims being hereby expressly released by items to be moved in and out of the Tenant. All Building or the Premises only at such work shall be done times and in such manner as Landlord shall direct, and in all events at Tenant's sole risk and responsibility; to cause Tenant designate and/or approve, prior to installation, all types of window shades, blinds, drapes, and other similar equipment, and to control all internal lighting that may be visible from the least inconvenience practicableexterior of the Building; to decorate, alter, repair or improve the Premises, * with reasonable notice from Landlord
Appears in 1 contract
Samples: Lease Agreement (Tickets Com Inc)
Rights of Landlord. Landlord reserves the following rights: (a) Landlord and its agents shall have the right to ------------------ change enter the name Premises at all reasonable times for the purpose of cleaning the Premises, and, upon prior reasonable notice to Tenant, for the purpose of examining or inspecting the same, posting notices of non-responsibility, showing the same to prospective tenants (during the last 2 months of the Term, unless Tenant is in default under this Sublease, in which event the 2-month limitation shall not apply), lenders or purchasers of the Building, or in the case of an emergency, and to make such alterations, repairs, improvements or additions to the Premises or to the Building without notice as Landlord may deem necessary or liability desirable. If Tenant shall not personally be present to Tenant; (b) to designate all sources furnishing sign painting or lettering open and restroom supplies used on the Premises; (c) if Tenant vacates permit an entry into the Premises at any time during when such an entry by Landlord is necessary by reason of emergency, Landlord may enter by means of a master key or passkey or may enter forcibly, without liability to Tenant except for any failure to exercise due care for Tenant’s property, and any such entry by Landlord shall not under such circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the last ninety Premises, or an eviction of Tenant from the Premises or any portion thereof.
(90b) days In addition to any other rights provided herein, Landlord shall have the following rights, exercisable in a reasonable manner without notice to Tenant and without any obligation to exercise such rights: to change the name or address of the Term, to decorate, remodel, repair, alter Building or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to suite number of the Premises; (e) to designate all persons or organizations furnishing sign painting and lettering used or consumed in the Building; to grant to anyone the exclusive right to conduct any particular business in the Building; , provided that such exclusive right does shall not restrict Tenant's allowed infringe upon or otherwise impair the uses by Tenant expressly permitted under this Sublease; to have access to all mail chutes, if any, according to the rules of the PremisesUnited States Postal Service; to close the Building daily at such reasonable time as Landlord may determine, subject, however, to Tenant’s right to admittance at any time under such reasonable regulations as provided shall be prescribed from time to time by this Lease; Landlord and (f) to decorate, alter, repair or improve Building and parking facilities, or maintain any service therein, at any time, at Landlord's expense, ; to decorate do or make repairs, alterations, additions or improvements, in or permit to the Building or be done any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any necessary work so done in or about the Premises or the BuildingBuilding or the parking facilities. In connection with making repairsExcept as elsewhere in this Sublease provided, alterations or additions hereunder, any rights so exercised by Landlord shall have be without any rebate or abatement of rent to Tenant for any loss or occupancy or quiet enjoyment of the right Premises or damage, injury or inconvenience thereof occasioned, provided that Landlord uses commercially efforts to post necessary notices on avoid any interference with the Premises, and shall have right business of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right Tenant in the course exercise of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicablerights.
Appears in 1 contract
Rights of Landlord. Landlord reserves In the following rights: (a) to ------------------ change the name event of the Building vacation or abandonment of the Premises by Lessee or in the event that Lessor shall elect to reenter as provided in Paragraph 23.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Lessor does not elect to terminate this Lease, as provided in Paragraph 23.2 above, then Lessor may from time to time, without notice terminating this Lease, either recover all rentals as it becomes due or liability relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable with the right to Tenant; (b) make necessary and repairs to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises. In the event that Lessor shall elect to so relet, then rentals received by Lessor from such reletting shall be applied; (c) if Tenant vacates first, to the Premises at payment of any time during indebtedness other than rent due hereunder from Lessee to Lessor; second, to the last ninety (90) days payment of any cost of such reletting; third, to the payment of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys cost of any alterations and repairs to the Premises; (e) fourth, to grant the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied by the payment of rent hereunder, be less than the rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to anyone the exclusive right Lessor immediately upon demand therefore by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the PremisesLessor, as provided soon as ascertained, any costs and expenses incurred by this Lease; Lessor in such reletting or in making such alterations and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall repairs not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released covered by the Tenant. All rentals received from such work shall be done in such manner as to cause Tenant the least inconvenience practicablereletting.
Appears in 1 contract
Rights of Landlord. Landlord reserves Throughout the following rights: (a) to ------------------ change the name course of construction of the Building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunderImprovements, Landlord shall have the unconditional right to post necessary notices on the Premises, review and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into inspect such construction by and through its agents and employees, including without limitation Landlord's architect. If at any time Landlord disapproves of the Premisesmaterials or workmanship of the Tenant Improvements by Tenant, Landlord shall promptly give Tenant written notice thereof, specifying the deficiencies or defects therein. Upon receipt of any such notice, Tenant shall immediately commence correction of the defect or deficiency in a manner and to a condition acceptable to Landlord. Should Tenant fail to commence or complete any such correction as well as the right in herein provided, or should Landlord deliver to Tenant three (3) or more such notices during the course of such work construction of the Tenant Improvements, Landlord shall have the immediate right to close entrancesorder the discontinuance of any further construction of the Tenant Improvements by or on behalf of Tenant, doorsand Landlord may, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant but shall not be obligated to, complete the construction of such Tenant Improvements in accordance with the Working Plans. Should Landlord elect to complete the Tenant Improvements as herein provided, Landlord shall be entitled to maintain any offset or counterclaim and all funds remaining in the Allowance to pay for damages the costs of completing said construction, and any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work additional costs incurred in connection therewith shall be done the obligation of and shall be paid by Tenant within ten (10) days after written demand by Landlord. In addition, Landlord shall be entitled to a construction fee for the costs of administering and completing the Tenant Improvements in such manner as an amount equal to cause five percent (5%) of all costs incurred by Landlord in completing the Tenant Improvements, which fee shall not be part of the least inconvenience practicableAllowance or the development review fee incorporated into the Tenant Improvement Costs.
Appears in 1 contract
Samples: Lease (Seagate Software Inc)
Rights of Landlord. Landlord reserves the following rights: (a) upon prior notice to ------------------ Tenant, to change the address and/or name of the Building building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering lettering, ice, bottled water and restroom toilet supplies used on the Premisespremises; (c) if Tenant vacates constantly to have pass keys to the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancypremises; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Buildingbuilding in which the demised premises are situated; provided that such exclusive right does (e) to enter the demised premises at any time whether or not restrict Tenant is present to admit Landlord for inspections, repairs, alterations or additions to the premises or the building in which the premises are situated for window cleaning and janitorial services, to exhibit the premises to others, to affix and display "For Rent" signs, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the premises, the said building, or Landlord's interest, without being deemed guilty of an eviction or disturbance of Tenant's allowed uses of the Premisesuse and possession, as provided by this Leaseand without being liable in any manner to Tenant on account thereof; and (f) at any time, and from time to time, whether at the instance of Landlord or pursuant to governmental requirements, at the Landlord's expense, to decorate or make repairs, alterations, additions additions, improvements or improvementsdecorating, whether structural or otherwise, in or to the Building building, or any part thereof, including the Premisesdemised premises. Without limiting the generality of the foregoing rights, including Landlord shall specifically have the right to remove, alter, improve or rebuild the Common Areas lobby and Facilitiesall other public and rentable areas of the building as the same are presently or shall hereafter be constituted, or any part or parts thereof. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises demised premises or the Buildingbuilding or any adjacent or nearby buildings, land, street or alley, all claims against the Landlord for any and all such liability being hereby expressly released by Tenant, unless caused by Landlord's or its agents negligence or willful misconduct. In connection with making repairs, alterations alterations, decorating, additions or additions hereunderimprovements under the terms of this Article, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premisesdemised premises, as well as the right to take materials into and upon and through said premises or any other part of the building all material that may be required to perform the foregoing into and through the Premisesmake such repairs, alterations, decorating, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities building facilities, or temporarily to xxxxx the operations operation of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant's property, business or person and without liability to Tenant by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant. Rent The rent reserved herein shall not in no way xxxxx while the foregoing is said repairs, alterations, decorating, additions or improvement are being performed made, and Tenant shall not be entitled to maintain any offset set-off or counterclaim counter-claim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All However, all such work shall be done in such manner as to cause Tenant the least inconvenience practicable. Landlord reserves and shall have the right to enter upon the demised premises for the purpose of posting and maintaining such notices on the premises as may be necessary to protect Landlord against mechanic's, materialmen's or other liens and any other notices that may be proper and necessary.
Appears in 1 contract
Rights of Landlord. At any time during the Lease Term, Landlord reserves may, subject to the notice provision in Section 5.07, enter upon the Premises for the purpose of exercising any or all of the following rights: reserved rights without being liable in any manner to Tenant, provided that Landlord shall have no duty or obligation to perform any of the rights so reserved:
(a1) to ------------------ To change the name of the Building or the Project without notice or liability to Tenant; ;
(b2) to designate To take any and all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Termmeasures, to decorateincluding making inspection, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in and improvements to the Premises or to the Building Property as may be necessary or desirable for the safety, protection, preservation, or more efficient operation of the Property or the Project or the enhancement or protection of Landlord's interests therein; and
(3) During the last 180 days of the Term or any part thereofrenewal or extension, including to display a sign advertising the availability of the Premises for lease, to show the Premises to prospective tenants, and to otherwise market the Premises for the purpose of reletting same, provided that Landlord shall exercise Landlord's best efforts to avoid unreasonable interruptions of the conduct of Tenant's business in the Premises.
(4) To enter and conduct an inspection of the Premises, including specifically invasive tests, to determine whether Tenant is complying with the right terms of the Lease, including but not limited to alterthe compliance of the Premises and the activities thereon with Environmental Requirements, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, provided that Landlord shall not be liable exercise Landlord's best efforts to avoid unreasonable interruptions of the conduct of Tenant's business in the Premises, conduct such inspection at reasonable times on reasonable notice to Tenant for and allow Tenant to be present at the time of such inspection. The cost of the Landlord's investigation shall be paid by Landlord unless such investigation discloses a violation of any expense, injury, loss Environmental Requirement by The Tenant Group or damage resulting from any work so done in or about the existence of a Hazardous Material on the Premises or any other Premises caused by the Building. In connection actions of The Tenant Group (other than Hazardous Materials used in compliance with making repairsall Environmental Requirements and previously approved by Landlord), alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and which case Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all pay such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicablecost.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Home Interiors & Gifts Inc)
Rights of Landlord. Landlord LANDLORD reserves the following rights: rights with respect to the demised Premises:
(a) During normal business hours, upon 24 hours notice, by them or their duly authorized agents, to ------------------ change go upon and inspect the name demised Premises and every part thereof, and at Landlord's option, to make repairs, alterations and additions to the demised Premises or the Building of which the demised Premises are a part, provided there is no interference with Tenant's occupancy. An Agent of the TENANT may be present for inspection, if required by TENANT.
(b) To display after notice from either party of intention to terminate this Lease, a "For Rent" sign, and all of said signs which shall be placed upon such part of the demised Premises as LANDLORD shall require, except on display windows or doors leading into the demised Premises. Prospective purchases or tenants authorized by LANDLORD may inspect the Premises during normal business hours following adequate notice to TENANT.
(c) To install or place upon, or fix to, the roof and exterior walls of the demised Premises, equipment, signs, displays, antennae, and any other object or structure of any kind, providing the same shall not materially impair the structural integrity of the Building without notice or liability to interfere with Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; 's occupancy.
(d) to maintain pass keys to In implementing the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided foregoing rights, Landlord acknowledges and agrees that such exclusive right does not restrict Tenant's allowed uses use of the PremisesPremises will involve sensitive and hazardous materials, as provided procedures, and substances; therefore all rights of LANDLORD under this section shall be subject to prior coordination with and approval by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to under the Building or any part thereof, including reasonable conditions set forth by the Premises, including specifically the right to alter, improve or rebuild the Common Areas and FacilitiesTENANT. Except where resulting from the gross negligence of Landlord, Landlord LANDLORD shall not be liable to Tenant TENANT for any expensecosts, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevatorsdamage, or other Building facilities or temporarily to xxxxx expense caused by the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages exercise of any kind against Landlord rights of LANDLORD in violation of the conditions set forth by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner TENANT as to cause Tenant the least inconvenience practicableprovided under this section 25.
Appears in 1 contract
Samples: Lease Agreement (Bioreliance Corp)
Rights of Landlord. Landlord reserves LANDLORD reserves, without limitation to any and all of LANDLORD’S other rights under this LEASE, the following rights: rights with respect to the DEMISES PREMISES:
16.1 At all reasonable times during TENANT’S HOURS OF OPERATION and from time to time and upon reasonable prior notice, by itself or its duly authorized agents or designees to go upon and inspect the DEMISED PREMISES, and every part thereof, and, at its option, to make repairs, to the DEMISED PREMISES or the building of which the DEMISED PREMISES is a part. Said repairs shall not be done during the two (a2) weeks prior to ------------------ change the name of the Building without notice Father’s Day or liability from November 1 to Tenant; (bDecember 31 in any year, unless deemed absolutely necessary by LANDLORD in its sole reasonable discretion.
16.2 To display a “For Sale” or other sign(s) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during and from time to time; and after notice from either party, whether express or implied by conduct, of intention to terminate this LEASE or any time within three (3) months prior to the last ninety (90) days expiration of the Termterm of this LEASE, to decoratea “For Rent” or “For Lease” sign(s), remodel, repair, alter or otherwise prepare the Premises for reoccupancyboth “For Rent” and “For Lease” signs; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that and all of said signs shall be placed upon such exclusive right does not restrict Tenant's allowed uses part of the PremisesDEMISED PREMISES as LANDLORD shall require, as provided except on display windows or on door or doors leading into the DEMISED PREMISES. Prospective purchasers or tenants authorized by this Lease; and (f) LANDLORD may inspect the DEMISES PREMISES at all reasonable hours at any timetime and from time to time during TENANT’S HOURS OF OPERATION, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord but shall not be liable to Tenant for any expenseinterfere with TENANT’S operation.
16.3 To install or place upon, injuryor affix to, loss or damage resulting from any work so done in or about the Premises or roof and exterior walls of the Building. In connection with making repairsDEMISED PREMISES equipment, alterations or additions hereundersigns, Landlord shall have the right to post necessary notices on the Premisesdisplays, antenna, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, any other object(s) or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages structure(s) of any kind against Landlord by reason thereofor sort, all such claims being hereby expressly released by provided only and solely that the Tenant. All such work same shall be done in such manner as to cause Tenant not materially impair the least inconvenience practicablestructural integrity of the building or interfere directly with TENANT’S occupancy or use of the DEMISED PREMISES.
Appears in 1 contract
Rights of Landlord. Landlord reserves Throughout the following rights: (a) to ------------------ change the name course of construction of the Building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunderImprovements, Landlord shall have the unconditional right to post necessary notices on the Premises, review and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into inspect such construction by and through its agents and employees, including without limitation Landlord's Architect. If at any time Landlord disapproves of the Premisesmaterials or workmanship of the Tenant Improvements by Tenant, Landlord shall promptly give Tenant written notice thereof, specifying the deficiencies or defects therein. Upon receipt of any such notice, Tenant shall immediately commence correction of the defect or deficiency in a manner and to a condition acceptable to Landlord. Should Tenant fail to commence or complete any such correction as well as the right in herein provided, or should Landlord deliver to Tenant three (3) or more such notices during the course of such work construction of the Tenant Improvements, Landlord shall have the immediate right to close entrancesorder the discontinuance of any further construction of the Tenant Improvements by or on behalf of Tenant, doorsand Landlord may, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant but shall not be obligated to, complete the construction of such Tenant Improvements in accordance with the Working Plans. Should Landlord elect to complete the Tenant Improvements as herein provided, Landlord shall be entitled to maintain any offset or counterclaim and all funds remaining in the Allowance to pay for damages the costs of completing said construction, and any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work additional costs incurred in connection therewith shall be done the obligation of and shall be paid by Tenant within ten (10) days after written demand by Landlord. In addition, Landlord shall be entitled to a construction fee for the costs of administering and completing the Tenant Improvements in such manner as an amount equal to cause five percent (5%) of all costs incurred by Landlord in completing the Tenant Improvements, which fee shall not be part of the least inconvenience practicableAllowance or the development review fee incorporated into the Tenant Improvement Costs.
Appears in 1 contract
Samples: Lease (Seagate Software Inc)
Rights of Landlord. Landlord reserves the following rights: (a) to ------------------ change the name of the Building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom toilet supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) constantly to maintain have pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilitieslobby of the Building. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the abatx xxx operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while abatx xxxle the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, unless caused by or due to the gross negligence of Landlord, its agents, employees or assigns, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicable
Appears in 1 contract
Rights of Landlord. Landlord reserves In the following rights: (a) to ------------------ change the name event of the Building vacation or abandonment of the Premises by Lessee or in the event that Lessor shall elect to re-enter as provided in Paragraph 22.3 above or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Lessor does not elect to terminate this Lease, as provided in Paragraph 22.2 above, then Lessor may from time to time, without notice terminating this Lease, either recover all rentals as it becomes due or liability relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable with the right to Tenant; (b) make necessary and repairs to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises. In the event that Lessor shall elect to so relet, then rentals received by Lessor from such reletting shall be applied; (c) if Tenant vacates first, to the Premises at payment of any time during indebtedness other than rent due hereunder from Lessee to Lessor; second, to the last ninety (90) days payment of any cost of such reletting; third, to the payment of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys cost of any alterations and repairs to the Premises; (e) fourth, to grant the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied by the payment of rent hereunder, be less than the rent payable during that month by Lessee hereunder, then Lessee shall pay such deficiency to anyone the exclusive right Lessor immediately upon demand therefor by Lessor. Such deficiency shall be calculated and paid monthly. Lessee shall also pay to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the PremisesLessor, as provided soon as ascertained, any costs and expenses incurred by this Lease; Lessor in such reletting or in making such alterations and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall repairs not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released covered by the Tenant. All rentals received from such work shall be done in such manner as to cause Tenant the least inconvenience practicablereletting.
Appears in 1 contract
Samples: Pine Ridge Business Park Standard Office Lease (Ptek Holdings Inc)
Rights of Landlord. Landlord reserves the following rights: (a) to ------------------ change the name of the Building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom toilet supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) constantly to maintain have pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilitieslobby of the Building. Except where resulting from the gross negligence or willful misconduct of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicable
Appears in 1 contract
Samples: Lease Agreement (Tangibledata Inc)
Rights of Landlord. Landlord The LANDLORD reserves the following rights: (a) to ------------------ change the name of the Building without notice or liability to TenantTENANT; (b) to designate all sources furnishing sign painting or lettering lettering, ice, bottled water and restroom toilet supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, constantly to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain have pass keys to the Premises; (ed) to grant to anyone the exclusive right to conduct any particular business or undertaking in the BuildingBuilding in which Premises are situated; provided that such exclusive right does not restrict Tenant's allowed uses (e) to enter the Premises at any time for inspections, repairs, alterations or additions to the Premises or the Building in which the Premises are situated, to exhibit the Premises to others, to affix and display "For Rent" signs, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the Premises, as provided by this Leasethe said Building, or the LANDLORD's interest, without being deemed guilty of an eviction or disturbance of TENANT's use and possession, and without being liable in any manner to the TENANT on account thereof; and (f) at any time, and from time to time, whether at Landlordthe instance of LANDLORD or pursuant to government requirements, at LANDLORD's expense, to decorate or make repairs, alterations, additions additions, improvements or improvementsdecorating, whether structural or otherwise, in or to the Building or any part thereof, including the Premises, including . Without limiting the generality of the foregoing rights LANDLORD shall specifically have the right to remove, alter, improve or rebuild the Common Areas and Facilitieslobby of the Building as the same is presently or shall hereafter be constructed, or the light court of said Building as the same is presently or shall hereafter be constituted, or any part or parts thereof. Except where resulting from the gross negligence of Landlord, Landlord LANDLORD shall not be liable to Tenant TENANT for any expense, injury, loss loss, or damage resulting from any work so done in or about the Premises or the Building or any adjacent or nearby the Building, land, street or alley. All claims against LANDLORD for any and all such liability being hereby expressly released by TENANT. In connection with making repairs, alterations alterations, decorating, additions or additions hereunderimprovements under the terms of this paragraph, Landlord the LANDLORD shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, Premises as well as the right to take materials into and upon and through the Premises of any other part of the Building, all material that may be required to perform the foregoing into and through the Premisesmake such repairs, alterations, decorating, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant TENANT and without liability for damages to TENANT's property, business or person and without liability to TenantTENANT by reason of interference with the business of TENANT or inconvenience or annoyance to the TENANT or the customers of the TENANT. Rent The rent reserved herein shall not xxxxx in no ways abate while the foregoing is said repairs, alterations, decorating, additions or improxxxxxts are being performed made and Tenant TENANT shall not be entitled to maintain any offset set-off or counterclaim counter-claim for damages of any kind against Landlord LANDLORD by reason thereof, all such claims being hereby expressly released by the TenantTENANT. All LANDLORD reserves and shall have the right to enter upon the Premises for the purpose of posting and maintaining such work shall notices on the Premises as may be done in such manner as necessary to cause Tenant the least inconvenience practicableprotect LANDLORD against mechanic's, material-men's or other liens and any other notices that may be proper and necessary.
Appears in 1 contract
Rights of Landlord. Landlord reserves the following rights: (a) rights with respect to ------------------ change the name Demised Premises:
a. At all reasonable times, by itself or its duly authorized agents, to go upon and inspect the Demised Premises and every part thereof and at its option to make repairs, alterations and additions to the Demised Premises or the building of which the Building without Demised Premises are a part.
b. To display a "For Rent" sign after notice from either party of intention to terminate this Lease, or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during within six (6) months prior to the last ninety (90) days expiration of this Lease unless the parties are actively negotiating a lease renewal or extension. All of such signs shall be placed upon such part of the TermDemised Premises as Landlord shall require, to decorate, remodel, repair, alter except on display windows or otherwise prepare door leading into the Demised Premises. Prospective purchasers or tenants authorized by Landlord may inspect the Demised Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at reasonable hours at any time.
c. To collect all rents, at Landlord's expenseas well as any Additional Rent and any other charges due Landlord by Xxxxxx, to decorate or make repairs, alterations, additions or improvements, in or to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done receiver, debtor in possession, or about trustees which may be appointed for the Premises or the Building. In connection with making repairs, alterations or additions hereunder, account of Tenant.
d. Xxxxxx agrees that Landlord shall have the right to post necessary notices on relocate the Tenant to a different location within the Shopping Center provided that:
i. Landlord gives Tenant six (6) months prior written notice and an opportunity to terminate this Lease exercisable in writing within forty- five (45) days of the date of said notice with the termination effective as of the date of Xxxxxxxx’s intended relocation of Tenant;
ii. The relocation premises shall contain similar square footage as the Demised Premises;
iii. Landlord shall provide improvements within the relocation premises substantially the same as the Demised Premises;
iv. Landlord shall reimburse Tenant for the reasonable and actual expenses associated with the relocation upon Xxxxxxxx’s receipt of invoices evidencing the same;
v. The terms and conditions of this Lease shall remain unchanged unless otherwise agreed by the parties; and
vi. Landlord shall use commercially reasonable efforts to minimize and/or avoid any disruption and/or suspension of Tenant's operations during the relocation.
e. To redevelop the Shopping Center either in whole or the majority of the land or buildings comprising the Shopping Center, and shall have right if so, Landlord may terminate this Lease on a date certain provided that Landlord gives Tenant no less than twelve (12) months prior written notice of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course termination of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicablethis Lease.
Appears in 1 contract
Samples: Shopping Center Lease
Rights of Landlord. a. Landlord reserves the following rights: :
(ai) to ------------------ change the name or street address of the Building without notice or liability to Tenant; ;
(bii) to designate approve the design, location, number, size and color of all sources furnishing sign painting signs or lettering and restroom supplies used on the Premises; (c) if Tenant vacates Premises or visible from the Premises at any time during the last ninety (90) days exterior of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; Premises;
(diii) to maintain have pass keys and/or access cards to the Premises; ;
(eiv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building; provided that such exclusive right does not restrict Tenant's allowed uses and
(v) to enter the Premises at any reasonable time for inspection upon reasonable prior notice to Tenant (which notice may be oral), or at any time without prior notice in the event of the Premisesany emergency, as to supply any service to be provided by this LeaseLandlord hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and (f) at any time, at Landlord's expense, display "For Rent" signs and to decorate or make repairs, alterations, additions or improvements, in or improvements to the Building or any part thereof, including the Premises, including specifically the right to alter, improve or rebuild the Common Areas and Facilities. Except where resulting from the gross negligence of Landlord, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs; and
(vi) to approve the décor, alterations or additions hereunderlocation, number, size and color of all signs located on the exterior of the Building.
b. Without limiting the generality of the provisions of Section 10a, above, at any time during the Term of this Lease, Landlord shall have the right to post necessary notices on remove, alter, improve, renovate or rebuild the common areas of the Building (including but not limited to the lobby, hallways and corridors thereof), and to install, repair, replace, alter, improve or rebuild in the Premises, other tenants' premises and/or the common areas of the Building (including the lobby, hallways and corridors thereof), any mechanical, electrical, water, sprinkler, heating, air conditioning and ventilating systems, at any time during the Term of this Lease. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under the terms of this Section 10, Landlord shall have the right of to access through the Premises, Premises as well as the right to take into and upon and through the Premises or any other part of the Building, all materials that may be required to perform the foregoing into and through the Premisesmake any such repairs, replacements, alterations, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, elevators or other Building facilities or temporarily to xxxxx cease the operations of any such facilitiesfacilities or to take portions of the Premises reasonably necessary in connection with such work, without being deemed or held guilty of an eviction of Tenant; provided however that Landlord agrees to use all reasonable efforts not to interfere with or interrupt Tenant's business operation in the Premises and all trade fixtures and other equipment owned by Tenant and located in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises including without limitation telephone installations, provided that they do not materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from its exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Landlord shall not be liable for damages to Tenant's property, business or person to Tenant by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant. Rent The rent reserved herein shall not xxxxx while the foregoing is being performed Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to maintain any offset set-off or counterclaim counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant.
d. Landlord shall have the right to use any and all means which Landlord may deem proper to open all of the doors in, upon and about the Premises, excluding Tenant's vaults and safes, in any emergency in order to obtain entry to the Premises. All such work Any entry to the Premises obtained by Landlord by any of said means shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof.
e. Landlord shall have the right at any time to move Tenant to any other leasable space in the Building provided that Landlord shall pay the cost of moving Tenant's furniture and equipment to the new space. The new space shall include tenant improvements that are substantially equivalent to the tenant improvements contained in the Premises, and the cost of any required tenant improvements shall be done paid by Landlord. If Landlord elects to relocate Tenant, Landlord shall give Tenant not less than sixty (60) days prior written notice of its election. If Tenant is relocated, Landlord shall deliver substitute space to Tenant not more than one hundred eighty (180) days after Tenant approves plans for the construction of required tenant improvements at the new space, if any. Tenant shall not unreasonably withhold or delay its approval of any plans for the construction of tenant improvements. Landlord shall give Tenant thirty (30) days' advance notice of the estimated move in date. Prior to the date that Tenant is moved to the new space, Tenant shall remain in the Premises and shall continue to perform all of its obligations under this Lease. After Tenant moves into the new space, this Lease shall remain in full force and effect and be deemed applicable to such manner new space, except as to cause Base Rent, Tenant's Pro Rata Share of Operating Expense increases, the Electricity Charge, Tenant’s Pro Rata Share of Real Property Tax increases and the number of parking spaces Tenant shall be entitled to use, all of which shall be adjusted based on the least inconvenience practicablerelationship between the number of rentable square feet in the original Premises and the number of rentable square feet in the substituted space. Landlord and Tenant shall amend this Lease to provide for the relocation of the Premises. 23 Orchard Lease; Primus Therapeutics 12 The Xxxxxxxx Law Offices, P.C.
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Rights of Landlord. Landlord reserves the following rights: (a) to ------------------ change Landlord hereby: (i) reserves the name of the Building without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering and restroom supplies used on the Premises; (c) if Tenant vacates the Premises at any time during the last ninety (90) days of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancy; (d) to maintain pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; and (f) at any time, at Landlord's expenseand from time to time, to decorate make alterations or additions to, and to build additional stories on any building except the Premises within the Center, (ii) reserves the right at any time, and from time to time, to construct other buildings and improvements in the Center to enlarge or reduce the area of the Center and to make repairsalterations therein or additions thereto, alterationsand to modify the existing layouts thereof, additions and to build adjoining thereto and to construct decks or improvementselevated parking facilities, and to sell or lease any part of the land comprising the Center, for the construction thereon of a building or buildings to be occupied by one or more department stores which may or may not be part of the Center. Landlord reserves the right at any time to relocate, expand, reduce or eliminate Parking Areas and other Common Areas shown on Exhibit B. Landlord may at any time close any Common Area and Parking Area to make repairs or changes, to prevent the acquisition of public rights in such area or to the Building discourage non-customer parking, to use areas for attendant or any part thereofvalet parking, including the Premises, including specifically the right and may do such other acts in and to alter, improve or rebuild the Common Areas and Facilitiesas in its judgment may be desirable to improve the convenience thereof. Except where resulting from Landlord shall use commercially reasonable efforts to cause any construction work undertaken in the gross negligence exercise of Landlord, Landlord shall not 's rights under this Section to be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunder, Landlord shall have the right to post necessary notices on the Premises, and shall have right of access through the Premises, as well as the right to take materials that may be required to perform the foregoing into and through the Premises, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other Building facilities or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability to Tenant. Rent shall not xxxxx while the foregoing is being performed and Tenant shall not be entitled to maintain any offset or counterclaim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause minimize to the extent practicable the interruption of Tenant's business; and not to materially interfere with Tenant's use of Premises nor diminish access to Premises unless no reasonable alternative exists. If Tenant's use of the Premises is reduced during or as a result of any work performed pursuant to this section, Fixed Rent and Tenant's proportionate payment of Common Area Maintenance Costs and Expenses charges will be abated in a manner fair and equitable under the circumstances.
(b) Landlord reserves the right, from time to time, to utilize portions of the Common Areas, for carnival-type shows, rides and entertainment, outdoor shows, displays, automobile and other product shows, the leasing of kiosks, or such other uses which in Landlord's judgment tend to attract the public. Further, Landlord reserves the right to utilize the lighting standards and other areas in the Parking Area for advertising purposes. Notwithstanding anything to the contrary herein, any act by Landlord pursuant to this section shall be; (a) done in good taste recognized in a first class center, (b) done using best efforts not to interrupt Tenants business or interfere with Tenant's customers and (c) not within the Protected Area.
(c) Notwithstanding anything to the contrary contained herein, Landlord represents, warrants and covenants, that Landlord shall not without Tenant's written consent, which consent shall not be unreasonably withheld or delayed, erect any buildings, structures or building improvements or materially alter the layout and configuration of the parking areas, driveways, lighting, curb cuts and other Common Areas within the "Protected Area" as shown on Exhibit B, It would be reasonable for Tenant to withhold its consent to any of the least inconvenience practicableforegoing, if Tenant reasonably believes same would have a material, adverse affect on conducting its business in the Premises.
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Rights of Landlord. Landlord reserves (i) Subject to the following rights: (a) terms and conditions of this Section 10(a), Landlord may enter the Premises at reasonable hours upon reasonable prior notice to ------------------ change exhibit the name of same to prospective purchasers, Mortgagees or tenants, to inspect the Building without notice Premises to verify that Tenant is complying with all its obligations under this Lease, to make repairs, alterations or liability improvements to Tenant; (b) the Premises or to designate all sources furnishing sign painting other space in or lettering and restroom supplies used on the Premises; (c) if Tenant vacates Building, to install, repair or service Building systems, to perform janitorial or maintenance services, and to post such reasonable notices as Landlord may reasonably desire in order to protect its rights. Landlord and its representatives shall have the authority to take such materials and equipment onto the Premises as may be necessary for accomplishing the purposes set forth in this Section 10. In the event of an emergency and in order to fulfill its janitorial obligations hereunder, Landlord shall have access to the Premises at any time during the last ninety without notice.
(90ii) days Tenant has notified Landlord that Tenant may desire to use a portion of the Term, to decorate, remodel, repair, alter or otherwise prepare the Premises for reoccupancythe storage and/or production of classified information as authorized by the United States Government (such portions of the Premises hereinafter referred to as the "No Access Areas"). The No Access Areas (i) shall be designated by Tenant in good faith and shall be designed and constructed in accordance with and subject to the terms and conditions of this Lease, it being understood that the No Access Areas may be demised from the balance of the Premises with multiple layers of drywall but shall not otherwise utilize any non-Building standard improvements (i.e., concrete or metal sheeting) without the prior approval of Landlord pursuant to Section 8; (dii) shall be clearly marked by Tenant at all times once constructed; and (iii) shall not be located in any areas of the Premises which would prevent Landlord access to maintain pass keys any Base Building Elements which, if damaged, or in need of repair, could damage other areas or otherwise prevent Landlord from performing its obligations under Section 9.b of this Lease. Landlord shall not have access to the Premises; (e) No Access Areas nor shall Landlord have any maintenance or repair obligations with respect thereto, including without limitation, the obligation to grant provide cleaning services to anyone the exclusive No Access Areas. Tenant shall also have the right to conduct any particular require Landlord to be escorted in certain areas of the Premises designated by Tenant in good faith (such portions of the Premises hereinafter referred to as the "Escort Areas"). The Escort Areas shall be clearly marked by Tenant at all times and Landlord shall have no obligation to provide cleaning services to the Escort Areas. Landlord shall provide at least two (2) business days prior written notice to Tenant in order to access the Escort Areas, which notice shall include the specific date and time of such Landlord access; provided, however, in the event of an emergency, Landlord shall have access to Escort Areas without prior notice provided that Landlord will use commercial reasonable efforts to notify Tenant that it is accessing these areas.
(iii) Landlord agrees to use reasonable efforts not to interfere unreasonably with the operation of Tenant’s business in the Building; provided that such exclusive right does not restrict Tenant's allowed uses of the Premises, as provided by this Lease; Premises and (f) at any time, at Landlord's expense, to decorate or make repairs, alterations, additions or improvements, in or minimize disruption due to the Building or any part thereof, including the Premises, including specifically access granted to Landlord under this Section 10. Tenant shall have the right to alteraccompany Landlord when Landlord enters the Premises for purposes of exhibiting the Premises to prospective purchasers, improve Mortgagees or rebuild tenants provided Tenant makes someone available within a reasonable period of time (not to exceed 24 hours) after request (which request may be oral) by Landlord to enter the Common Areas Premises for such purpose; it being understood and Facilities. Except where resulting from the gross negligence of agreed that Landlord, so long as no Monetary Default shall have occurred and remain uncured, shall not exhibit the Premises to prospective tenants until Tenant's Extension Option rights pursuant to Section 31 have lapsed or any such earlier time that Landlord has the right to recapture the Premises pursuant to Section 7 of this Lease. Tenant also may accompany Landlord in those situations where Landlord is accessing the Premises in cases of emergency, with the understanding that Landlord’s access in the case of emergency shall not be liable to delayed, hindered or restricted by the presence or availability of Tenant’s representative. Tenant for any expensehereby acknowledges that, injury, loss or damage resulting from any work so done in or about the Premises or the Building. In connection with making repairs, alterations or additions hereunderevent of an emergency, Landlord shall have the right to post necessary notices on use any and all means which Landlord may deem proper to open all of the doors in, upon and about the Premises in order to obtain entry to the Premises and that any entry to the Premises obtained by Landlord by any of said means shall not be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, and or an eviction of Tenant from the Premises or any portion thereof.
b. Without limiting the generality of the foregoing provisions of this Section 10, above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the Building Common Areas, and to install, repair, replace, alter, improve or rebuild in the Premises, other tenants' premises and/or the Building Common Areas, any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this Lease. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under the terms of this Section 10, Landlord shall have the right to access through the Premises, Premises as well as the right to take into and upon and through the Premises or any other part of the Building, all materials that may be required to perform the foregoing into and through the Premisesmake any such repairs, replacements, alterations, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, elevators or other facilities located in the Building facilities or temporarily to xxxxx cease the operations of any services or facilities therein or to take portion(s) of the Premises reasonably necessary in connection with such facilitieswork, without being deemed or held guilty of an eviction of Tenant and without liability Tenant; provided, however, that Landlord shall use commercially reasonable efforts to minimize any disruption to Tenant’s use of, and access to, the Premises and shall, at no additional cost or expense to Landlord, reasonably accommodate Tenant’s requests regarding the coordination of such work. Subject to the terms of Section 10.a above, Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including, without limitation, telephone and computer installations. So long as Tenant is a Full Building Tenant, Landlord shall exercise its rights under this Section 10.b upon commercially reasonable notice to, and in coordination with, Tenant.
c. Landlord also reserves the following rights: (i) to change the name or street address of the Building with sixty (60) days' prior notice to Tenant; and (ii) subject to Section 10.a above, to have pass keys and/or access cards to all areas of the Premises.
d. Except as otherwise expressly provided in this Lease, the Rent reserved herein shall not xxxxx while the foregoing is being performed Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to maintain any offset set-off or counterclaim counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant. All such work shall be done in such manner as to cause Tenant the least inconvenience practicable.
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Samples: Deed of Lease (Vse Corp)