Rights of Landlord. a. Landlord reserves the following rights: (i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof; (ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant; (iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant; (iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building; (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 any emergency; to supply any service to be provided by Landlord hereunder to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and (vi) to approve the design, location, 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 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, 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 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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. 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, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises. c. Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. 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.
Appears in 1 contract
Samples: Deed of Lease (Eurotech LTD)
Rights of Landlord. a. In addition to the rights as otherwise provided in this lease, the Landlord reserves the following rights:
: (ia) to change the name or street address of the Building with thirty (30) days prior without notice or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering, providedice, howevermineral water, if towel, janitorial, or maintenance services, or the name like, or toilet supplies used on the Premises; (c) at any time during the last ninety days of the Building is changed by Landlord, and such change is term if during or prior to that time the Tenant vacates the Premises (even if Tenant has not made, directed, breached the lease or requested by abandoned the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(iiPremises) to approve the designdecorate, locationremodel, numberrepair, size and color of all signs after or lettering on otherwise prepare the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
for reoccupancy; (iiid) constantly to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
Premises; (ive) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
; (vf) to enter the Premises at any reasonable time for inspection upon reasonable prior notice inspections, repairs, alterations or additions to the Premises or the Building, 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 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; (which notice may be oral), or g) at any time, without prior noticeand from time to time, in whether at the event instance of any emergency; Landlord or pursuant to supply any service to be provided by Landlord hereunder to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and government requirements, at Landlord’s expense, to make repairs, alterations, additions additions, improvements or improvements decorating, whether structural or otherwise, in or to the Premises Building or any part thereof, including the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Premises. Without limiting the generality of the provisions of Section 10a, above, at any time during the Term of this Leaseforgoing rights, Landlord shall specifically have the right to remove, alter, improve, renovate improve or rebuild the common areas lobby of the Building (including but not limited to as the lobbysame is presently or shall hereafter be constituted, hallways and corridors thereof), and to install, repair, replace, alter, improve or rebuild in the Premises, other tenants' premises and/or the common areas light court of the Building (including as the lobbysame is presently or shall hereafter be constituted, hallways or any part or parts thereof. 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 or any adjacent or nearby building, land, street or alley, all claims against the Landlord for any and corridors thereof), any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this Leaseall such liability by being hereby expressly released by Tenant. In connection with making any such installations, repairs, replacements, alterations, decorating, additions and or improvements under the terms of this Section 10Article 17, the Landlord shall have the right to access through the Premises as well as the right to take into and upon and through the Premises or any other part of the Building, all materials material that may be required to make any such repairs, replacementsalterations, alterationsdecorating, additions or improvements, improvements as well as the right in the course of such work to close entrances, doors, corridors, elevators elevators, or other facilities located in of the Building Building, or temporarily to cease axxxx the operations of any services or facilities therein or to take portion(s) of the Premises reasonably necessary in connection with such workfacilities, 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. Landlord shall have the right to install, use Tenant and maintain pipes and conduits in and through the Premises, including without limitation telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable for damages to Tenant's ’s property, business or person and without liability to Tenant’s property, business or person and without liability to Tenant by reason of or interference with the business of Tenant or inconvenience or annoyance to the Tenant or the customers of the Tenant, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent rent reserved herein shall not xxxxx in no wise axxxx while the Landlord's rights under this Section 10 said repairs, alterations, decorating, additions or improvements are exercised, being made and Tenant shall not be entitled to maintain any set-off or counterclaims counter-claim for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by the Tenant
d. . 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 use any and all means which Landlord may deem proper to open all of the doors in, enter upon and about the Premises, excluding Tenant's vaults and safes, in any emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any for the purpose 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 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 portion thereofother notices that may be proper and necessary.
Appears in 1 contract
Rights of Landlord. a. Landlord reserves the following rights:
right to: (i) to change the name or street address of the Building with thirty (30) days prior Buildings without notice or liability to the Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
; (ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
; (iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
Premises; (iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
Buildings; 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, time without prior notice, notice in the event of any emergency) for inspections; to supply any service to be provided by Landlord hereunder hereunder; to submit show the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Without limiting the generality of the provisions of Section 10alO.a, above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building Buildings (including including, but not limited to 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 Buildings (including the lobby, hallways and corridors thereof), 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 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 make 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 or other Building facilities located in the Building or temporarily to cease the operations of any services or such facilities therein or to take portion(s) portions of the Premises reasonably necessary in connection with such work, without being deemed or held guilty of an eviction of Tenant; provided, 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 PremisesPremises including, including without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's Tenants access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. 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.
Appears in 1 contract
Samples: Deed of Lease (Certicom Corp)
Rights of Landlord. a. Landlord So long as the LANDLORD’s exercise of these rights does not materially interfere with TENANT’s or TENANT’s customers, employees, or visitors access to and use of the Premises and the parking facility, the LANDLORD reserves the following rights:
: (ia) to change the name or street address of the Building with thirty (30) days prior without notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars TENANT; ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(iib) to approve the designdesignate all sources furnishing sign painting or lettering, locationice, number, size bottled water and color of all signs or lettering toilet supplies used on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
; (iiic) constantly to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
Premises; (ivd) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
Building in which Premises are situated; (ve) to enter the Premises at any reasonable time for inspection upon reasonable prior notice inspections, repairs, alterations or additions to Tenant (the Premises or the Building in which notice may be oral)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, the 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; (f) at any time, without prior noticeand from time to time, in whether at the event instance of any emergency; LANDLORD or pursuant to supply any service to be provided by Landlord hereunder to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and government requirements, at LANDLORD’s expense, to make repairs, alterations, additions additions, improvements or improvements decorating, whether structural or otherwise, in or to the Premises Building or any part thereof, including the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Premises. Without limiting the generality of the provisions of Section 10a, above, at any time during the Term of this Lease, Landlord foregoing rights LANDLORD shall specifically have the right to remove, alter, improve, renovate improve or rebuild the common areas lobby of the Building (including but 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. LANDLORD shall not limited be liable to TENANT for any expense, injury, loss, or damage resulting from any work so done in or about the lobby, hallways and corridors thereof), and to install, repair, replace, alter, improve Premises or rebuild in the Premises, other tenants' premises and/or the common areas of the Building (including or any adjacent or nearby the lobbyBuilding, hallways land, street or alley. All claims against LANDLORD for any and corridors thereof), any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this Leaseall such liability being hereby expressly released by TENANT. In connection with making any such installations, repairs, replacements, alterations, decorating, additions and or improvements under the terms of this Section 10Paragraph 23, Landlord the LANDLORD shall have the right to access through the Premises as well as the right to take into and upon and through the Premises or of any other part of the Building, all materials material that may be required to make any such repairs, replacementsalterations, alterationsdecorating, 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 or temporarily to cease the operations of any services or facilities therein or to take portion(s) of the Premises reasonably necessary in connection with such workfacilities, 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. Landlord shall have the right to install, use TENANT and maintain pipes and conduits in and through the Premises, including without limitation telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable for damages to Tenant's TENANT’s property, business or person and without liability to Tenant TENANT by reason of interference with the business of Tenant TENANT or inconvenience or annoyance to Tenant the TENANT or the customers of Tenant, provided, however that in any event Landlord shall not be liable for consequential or punitive damagesthe TENANT. The Rent rent reserved herein shall not in no ways xxxxx while the Landlord's rights under this Section 10 said repairs, alterations, decorating, additions or improvements are exercised, being made and Tenant TENANT shall not be entitled to maintain any set-off or counterclaims counter-claim for damages of any kind against Landlord LANDLORD by reason thereof, all such claims being hereby expressly released by Tenant
d. Landlord the TENANT. LANDLORD reserves and shall have the right to use any and all means which Landlord may deem proper to open all of the doors in, enter upon and about the Premises, excluding Tenant's vaults and safes, in any emergency in order to obtain entry to the Premises. Any entry to the Premises obtained by Landlord by any for the purpose 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 posting and maintaining such notices on the Premises as may be necessary to protect LANDLORD against mechanic’s, material-men’s or other liens and any portion thereofother notices that may be proper and necessary.
Appears in 1 contract
Samples: Office Building Lease (National Mercantile Bancorp)
Rights of Landlord. a. (a) Landlord reserves the following rights:
and its agents, representatives, lenders, contractors and other designees shall at all reasonable times and upon not less than forty-eight (i48) to change the name or street address of the Building with thirty (30) days hours’ prior notice or liability to Tenanthave the right, providedbut not the obligation, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(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 i) inspect the event of any emergencysame; to supply any service to be provided by Landlord hereunder to submit (ii) clean the same; (iii) show the Premises to prospective purchasers or tenants (as to prospective tenants, only during the last twelve (12) months of the Term); to (iv) post notices of non-responsibilitynonresponsibility; to affix and display "For Rent" signs(v) improve, maintain, or repair the Premises, Facilities, or any other portion of the Building or Real Property; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve test and/or monitor groundwater or investigate the design, location, number, size and color of all signs located on the exterior environmental condition of the Building.
b. Without limiting the generality of Premises in compliance with the provisions of Section 10athis lease; (vii) install, above, at any time during the Term of this Lease, Landlord shall have the right to 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 installmaintain, repair, replace, alterand relocate pipes, improve or rebuild in ducts, conduits, wires, meters, and other equipment within the demising walls, floors, bearing columns, roofs, and ceilings of the Premises, other tenants' premises and/or the common areas of the Building ; and (including the lobby, hallways and corridors thereof), viii) complete 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 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 make any such repairs, replacements, alterations, additions or improvementsRenovations, as well as the right detailed below, and in the course of such work Renovations, to close entrances, doors, corridors, elevators or other facilities located in Building facilities, the Building Facilities, or the Real Property, or temporarily xxxxx their operation, all without being deemed a deprivation of Tenant’s quiet enjoyment or an eviction or constructive eviction of Tenant and without abatement of Rent, and Landlord may for such purposes erect scaffolding and other necessary structures where reasonably required by the character of the work to cease be performed; provided however that if any such work shall completely block Tenant from entering into all or any part of the operations of any services or facilities therein or to take portion(s) Premises, then rent for such portion of the Premises reasonably necessary in connection shall be abated during the time that Tenant is denied access. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with such work, without being deemed Tenant’s business or held guilty loss of an eviction quiet enjoyment of Tenantthe Premises caused by Landlord’s entry on the Premises pursuant to this Section; provided, however however, that Landlord agrees to shall use all commercially reasonable efforts not to interfere minimize its interference with or interrupt Tenant's business operation in Tenant and its use and enjoyment of the Premises. Without limiting the foregoing, however, under no circumstances shall 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, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expenselost business, injurylost profits, toss or damage resulting from other consequential damages or losses by reason of Landlord's ’s exercise of any of its rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by TenantSection. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. Any Premises in an emergency, and any entry to the Premises obtained by Landlord by any of said means shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an any eviction of Tenant from the Premises or any portion thereof. No provision of this Section shall be construed as obligating Landlord to make any entry or perform any repairs, alterations, or other activities other than those specifically set forth elsewhere in this Lease.
(b) Notwithstanding anything to the contrary contained in this Lease, Landlord hereby reserves the right from time-to-time to change the size, layout, and dimensions of the Building, Facilities, Real Property, and/or any part thereof, to subdivide the Real Property, locate, relocate, alter, and/or modify the number and location of buildings, building dimensions, the number of floors in any of the buildings, the parking areas, store dimensions, the nature of the businesses, activities and uses to be conducted and the common areas located from time-to-time on the Real Property or any part thereof, provided that Landlord’s changes to the Building do not affect Tenant’s lab operations. By way of example only and without limiting Landlord’s rights under the preceding sentence, Landlord may (i) enlarge, add stores or offices to, reinforce, reduce, reconfigure, redesign, realign, re-paint, modify, and/or alter the Building and/or other Facilities, walkways, landscaped areas, and/or other areas of the Real Property, (ii) remove and/or demolish all or part of the Building, other buildings on the Real Property, structure(s), Facilities, and/or improvements on the Real Property, (iii) construct new building(s), structure(s), Facilities, and/or improvements on the Real Property, (iv) enlarge or reduce the size of the Real Property, make alterations therein, additions thereto, and construct improvements adjoining thereto (including, without limitations, parking decks, elevated parking Facilities, roofs, walls, solar panels, electric vehicle charging stations and other improvements over all or any part of the common area) to enclose the same or to un-enclose the same, and (v) relocate, add, and remove escalators, elevators, and stairs. The preceding may include, but shall not be limited to, new buildings, facades, storefronts, entrances, flooring, ceilings, roofing, structural columns, bearing walls, demising partitions, additional mechanical and electrical systems and equipment and supplementary structural elements. Landlord shall have complete and exclusive control of the design, structure, construction, materials, colors, architectural elements and aesthetics of such work, as well as all activities undertaken by Landlord in connection therewith. Landlord reserves the right to use the exterior walls, demising walls, roof and area beneath, adjacent to and above the Premises (including the plenum within the Premises), and the right to install, use, maintain, repair and replace equipment, machinery, pipes, conduits and wiring serving other parts of the Real Property through the Premises in a manner and in locations which do not unreasonably interfere with Tenant’s use of the Premises and/or increase Tenant’s obligations. Notwithstanding anything to the contrary contained herein, Landlord agrees that it shall use commercially reasonable efforts to ensure that its exercise of its rights hereunder do not unreasonably interfere with Tenant’s access to and use and enjoyment of the Premises and/or increase Tenant’s obligations.
(c) Landlord shall have the right and privilege at all times of determining the nature and extent of the common area and of making such changes, rearrangements, additions and reductions therein from time-to-time as Landlord deems desirable, including, without limitation, the location, relocation, enlargement, reduction or addition of driveways, entrances and exits, automobile parking spaces, employee and customer parking areas, the direction and flow of traffic, establishment of protected areas, landscaped areas and any and all other Facilities of the common area, and the right at any time to locate on the common area permanent and/or temporary displays, carts, stand and/or other building(s) and/or improvements of any type. Landlord reserves the right to convert the common area to retail or other uses as it deems desirable from time-to-time. Landlord shall have the right (i) to close, if necessary, all or any portion of the common area to such extent as may be reasonably necessary to prevent a dedication thereof or the accrual of any rights of any person or of the public therein, (ii) to close temporarily all or any portion of the common area to discourage non-tenant or non-customer uses, (iii) to use portions of the common area while engaged in making additional improvements, repairs, or alterations to the Real Property, (iv) to do and perform such other acts in, to and with respect to, the common area as Landlord shall determine, in its business judgment, to be appropriate for the Real Property. Notwithstanding any contrary provision contained in this Lease, services and facilities may be temporarily discontinued, and access to the Premises and the Building temporarily restricted in whole or in part during (1) such time as the Building is not open for business, and (2) any other times as are necessary for temporary purposes such as repairs, alterations, strikes or other purposes, in Landlord’s reasonable judgment; provided, however, that Landlord’s exercise of its rights hereunder shall not unreasonably interfere with Tenant’s access to and use and enjoyment of the Premises. Notwithstanding the foregoing reservations of rights, except as otherwise expressly stated in this Lease, Landlord has no obligation whatsoever and has made no promises to repair, alter, remodel, improve, renovate, decorate, demolish, and/or add improvements to the Building, Facilities, or the Real Property, or any part thereof, and no representations respecting the condition of the Building, Facilities, or Real Property have been made by Landlord to Tenant except as specifically set forth in this Lease.
(d) Without limiting Landlord’s rights under Subsection 15(c), above, Tenant acknowledges and agrees that Landlord has disclosed, and hereby discloses, that Landlord intends to remodel and expand portions of the Project including, without limitation, the addition of a new tenant fitness center (the “Fitness Center”), a conference center with one (1) or more conference rooms (the “Conference Center”), a tenant lounge, and an outdoor patio (collectively, the “Renovations”), which Renovations Landlord shall use commercially reasonable efforts to complete prior to the Commencement Date. Landlord shall provide Tenant with reasonable prior notice if Landlord’s contractors will need to access the Premises during such hours and on such days required by Landlord for the Renovations. Landlord shall undertake the Renovations upon the Premises in a commercially reasonable manner so as to minimize interference with Tenant’s conduct of business upon the Premises (which shall not require Landlord to incur overtime or premium time charges); provided, however, the Renovations shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent. Landlord shall have no responsibility, or for any reason be liable to Tenant, for any injury to or interference with Tenant’s business arising from the Renovations, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Premises resulting from the Renovations (except to the extent such damage to or loss of any personal property arises solely from the gross negligence or willful misconduct of Landlord or its contractors), or for any inconvenience or annoyance occasioned by such Renovations. Notwithstanding the foregoing, in no event shall Tenant be denied access to the Premises as a result of the Renovations. Upon completion of the Renovations, Tenant shall have the non-exclusive right to the use thereof subject to such commercially reasonable rules and regulations relating to the scheduling and uses thereto but at no additional charge to Tenant (other than commercially reasonable deposits and replacement fees for access cards/keys and the payment of the Operating Costs related thereto). If the Renovations increase the Rentable Area of the Building and/or the Premises, then the Rentable Area of the Premises and/or the Building shall be adjusted and all necessary adjustments to Tenant’s Proportionate Share of the Rentable Area in the Building shall be similarly adjusted.
(e) Landlord reserves the absolute right to effect such other tenancies on the Real Property as Landlord in the exercise of its sole business judgment shall determine to be in the interests of the Building or the Real Property including, without limitation, any retail, office, residential or commercial purposes.
(f) No rights to any view or to light or air over any property, whether belonging to Landlord or any other person, are granted to Tenant by this Lease. If at any time any windows of the Premises is temporarily darkened or the light or view therefrom is obstructed by reason of any repairs, improvements, maintenance or cleaning in or about the Project, the same shall be without liability to Landlord and without any reduction or diminution of Tenant’s obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cerus Corp)
Rights of Landlord. a. The Landlord reserves the following rights:
(i) to To change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, without notice or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;liability to
(ii) to To approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to To have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by TenantPremises;
(iv) to To grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;; and
(v) to 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, time in the event of any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibilitynonresponsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, 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 remove, alter, improve, renovate or rebuild the common areas of the Building (including but not limited to the lobby, hallways and corridors thereofthereof ), 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 thereofthereof ), 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 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 make 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 or other Building facilities located in the Building or temporarily to cease the operations of any services or such facilities therein or to take portion(s) 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. without
c. Landlord shall have the right right, at its sole cost and expense, to installrelocate Tenant no more than one (1) time during the Term to other premises within the Building of equal or greater kind and quality (including equal or greater Leasehold Improvements and perimeter offices). In no event shall any relocation pursuant to this Section 10c result in an increase in the Minimum Annual Base Rent, use and maintain pipes and conduits in and through the Premises, including without limitation telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's access Additional Rent or other sums payable under this Lease unless Tenant shall consent to or use an expansion of the PremisesPremises in connection with such relocation. Landlord shall use reasonable efforts to minimize disruption or inconvenience to Tenant during any relocation.
c. (i) Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's its exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by TenantXxxxxx. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by TenantXxxxxx.
d. Landlord shall have the right to use any and all means which that 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. 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.
Appears in 1 contract
Samples: Office Lease
Rights of Landlord. a. (a) Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or, during the final nine (9) months of the Term or any time during which Tenant is in default of this Lease, to prospective tenants; to post notices of non-responsibility; to affix and display "“For Rent" ” signs; and to make repairs, alterations, additions or improvements to the Premises or the BuildingBuilding (it being expressly understood and agreed that, except in the event of an emergency, Landlord agrees to use commercially reasonable efforts to the extent reasonably practicable under the circumstances to minimize any unreasonable interference with Tenant’s access to, or use of, the Premises in connection with any such entry into the Premises by Landlord pursuant to the terms of this Section 18(a)); and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. (b) Without limiting the generality of the provisions of Section 10a18(a), above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas Common Areas of the Building (including including, but not limited to 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 Common Areas of the Building (including the lobby, hallways and corridors thereof), any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this LeaseTerm. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under the terms of this Section 1018, Landlord shall have the right to access through the 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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 ’s business operation in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's ’s access to or use of the Premises.
c. (c) Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's ’s rights under this Section 10 18 are exercised, and Tenant shall not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant.
d. (d) Landlord shall have the right to use any and all means which Landlord may reasonably deem proper to open all of the doors in, upon and about the Premises, excluding Tenant's ’s vaults and safes, in any emergency in order to obtain entry to the Premises. 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.
Appears in 1 contract
Samples: Office Lease Agreement (Dova Pharmaceuticals, Inc.)
Rights of Landlord. a. (a) Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's ’s name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's ’s suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the BuildingBuilding provided such exclusive right shall not conflict with Tenant’s then permitted use of the Premises;
(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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "“For Rent" ” signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. (b) Without limiting the generality of the provisions of Section 10a17(a), above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas Common Areas of the Building (including including, but not limited to 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 Common Areas of the Building (including the lobby, hallways and corridors thereof), any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this LeaseTerm, provided such actions shall not permanently and materially impair Tenant’s access to the Premises. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under the terms of this Section 1017, Landlord shall have the right to access through the 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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 ’s business operation in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's ’s access to or use of the Premises.
c. (c) Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's ’s exercise of any rights under in accordance with this Section 1017 (except with regard to claims, loss or damages relating to injury to person or property arising from Landlord’s negligence), all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's ’s rights under this Section 10 17 are exercised, and Tenant shall not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant.
d. (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 ’s vaults and safes, in any emergency in order to obtain entry to the Premises. 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) Notwithstanding anything to the contrary contained in this Section 17, at no time shall any agent or representative of Landlord which in the ordinary course of business performs real estate management or brokerage services be permitted to have access to the Premises without prior notice to Tenant and without a representative of Tenant present during such access.
Appears in 1 contract
Rights of Landlord. a. Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(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 any emergency; , in order to supply any service to be provided by Landlord hereunder hereunder, to submit the Premises to prospective purchasers purchasers, mortgagees or tenants; , to post notices of non-responsibility; , to affix and display "“For Rent" ” signs; , and to make repairs, alterations, additions or improvements to the Premises (to the extent permitted by this Lease), the Building or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the BuildingProject.
b. Without limiting the generality of the provisions of Section 10a, 10.a above, at any time during the Term of this Lease, Landlord shall have the right to 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), Common Areas any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this LeaseLease so long as the same do not have a material and adverse affect upon Tenant and, in the case of the Premises, so long as Tenant approval (to be granted or denied in its reasonable discretion) shall have been obtained by Landlord. Without limitation, it shall be reasonable for Tenant to withhold its consent in any circumstance where Premises Improvements are proposed to be repaired, replaced, altered, improved or rebuilt or where such actions might violate the standards to be observed by Landlord in Section 26. If Tenant fails to grant its approval or deny the same within five (5) business days of Landlord’s written request, Tenant’s approval shall be deemed granted. 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 as well as the right to take into and upon and through the Premises or any other part of the BuildingProject, all materials that may be required to make 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 or other facilities located in the Building Project or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's ’s rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant; provided, however, in the event that Landlord’s rights under this Section 10 result in Tenant’s inability to use the Premises or a portion thereof for its business purposes for three (3) or more days, then rent shall xxxxx for the Premises, or that portion thereof rendered unusable if less, until the Premises, or portion thereof, is usable once again by Tenant. In the event a portion of the Premises is rendered unusable, the rent abatement set forth above shall be calculated on the basis of the square footage left unusable for the specified period.
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 ’s vaults and safes, in any emergency in order to obtain entry to the Premises. 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. When exercising its rights under this Section 10, (i) Tenant’s access to the Premises shall not be permanently, materially and adversely affected thereby, and (ii) Landlord shall use commercially reasonable efforts to minimize the disturbance or interruption of the business of Tenant.
f. Landlord shall have the right to hire a property manager for the Building and, if so directed by Landlord in writing, Tenant shall remit all payment of rent or other payments owing hereunder by Tenant to such property manager. Such property manager will be an agent of Landlord and not an agent or employee of Tenant. Consent by such property manager to any action taken or permitted to be taken by Tenant hereunder shall be binding on Landlord unless, prior to such action being taken by Tenant, Tenant shall have received written notice from Landlord either withholding its consent in the particular instance or terminating the property manager’s engagement or its authority to act. In the absence of such notice from Landlord, property manager’s consent shall be binding on Landlord from and after the time when Tenant undertakes the proposed action. Notwithstanding anything in this paragraph to the contrary, Tenant shall have the right to review and approve Landlord’s selection of a property manager for the Building, which approval may not be unreasonably withheld, conditioned or delayed. The parties acknowledge that it shall be reasonable for Tenant to withhold its consent if the proposed property manager (a) does not possess at least ten (10) years of experience in the management of Class A buildings of similar size, quality and location as the Building; and (b) does not possess a reputation within the Washington, D.C. region for service quality comparable to that being provided to the Building as of the Execution Date. During any period where Tenant has subleased to parties which are not Affiliate Transferees an amount equal to or in excess of fifty percent (50%) of the Premises, then Tenant’s consent or approval of the property manager shall not be required and Landlord may select a property manager in its discretion. Landlord further covenants that it shall keep in place the property manager which is managing the Building as of the Execution Date for at least the greater of (a) two (2) years after the Execution Date or (b) until completion of both the Premises Improvements and the Common Area Improvements, but in no event shall Landlord be required to maintain such property manager beyond June 30, 2014. Notwithstanding the foregoing, Landlord shall not be required to retain such property manager in the event that (i) such property manager is terminated for cause by Landlord under the applicable management agreement or otherwise ceases to provide property management services to the Building for reasons beyond Landlord’s control, or (ii) replacement of such property manager is required by Landlord’s mortgagee (as evidenced in a writing delivered by such Landlord’s mortgagee to Tenant). Landlord shall require that the property manager agree, pursuant to the property management agreement, to meet with representatives of the Tenant at any time upon reasonable notice provided to the property manager. At such meetings, Tenant shall have the right to object to the quality of products or services provided by any vendor to the Building and, upon Tenant’s demonstration of reasonably good cause to do so, Landlord (or the property manager acting on Landlord’s behalf) shall terminate any such objectionable vendor under its applicable service agreement as and when contractually allowable (regardless of whether a termination fee or charge is required). Any associated termination fee or charge shall be treated as an Operating Expense hereunder.
Appears in 1 contract
Samples: Office Lease (Costar Group Inc)
Rights of Landlord. a. (a) Landlord reserves and its agents shall have the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(v) to enter the Premises at any all reasonable time times for inspection upon reasonable prior notice the purpose of cleaning the Premises or AT ALL REASONABLE TIMES AFTER REASONABLE PRIOR NOTICE (EXCEPT IN CASE OF EMERGENCY) FOR THE PURPOSES OF examining or inspecting the same, showing the same to Tenant prospective tenants (which notice may be oralDURING THE LAST NINE (9) MONTHS OF THE LEASE TERM), lenders or at any timepurchasers of the building, without prior notice, or in the event case of any an emergency; to supply any service to be provided by Landlord hereunder to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; , and to make such alterations, repairs, alterations, improvements or additions or improvements to the Premises or to the Building; and
(vi) Building of which they are a part as Landlord may deem necessary or desirable. If Tenant shall not personally be present to approve open and permit an entry into the design, location, 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, Premises at any time during the Term when such an entry by Landlord is necessary by reason of this Leaseemergency or permitted hereunder, Landlord shall have the right to remove, alter, improve, renovate may enter by means of a master key 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 pass key 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, 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 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) of the Premises reasonably necessary in connection with such workenter forcibly, 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. 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, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable liability to Tenant except for any expense, injury, toss or damage resulting from Landlord's failure to exercise of any rights under this Section 10, all claims against Landlord due care for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable for damages to Tenant's property, business or person to Tenant and any such entry by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. Any entry to the Premises obtained by Landlord by any of said means shall not circumstances 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. NOTWITHSTANDING THE FOREGOING, TENANT MAY DESIGNATE, IN WRITING, TO LANDLORD CERTAIN AREAS OF THE PREMISES USED FOR THE INSTALLATION AND OPERATION OF ITS COMPUTERS AS "SECURE AREAS." LANDLORD SHALL NOT ACCESS SUCH SECURE AREAS FOR NON-EMERGENCY PURPOSES WITHOUT AT LEAST SEVENTY-TWO (72) HOURS' ADVANCE WRITTEN NOTICE AND COORDINATION WITH TENANT TO MINIMIZE THE POSSIBILITY OF DAMAGE TO OR INTERRUPTION IN THE OPERATION OF THE COMPUTERS CONTAINED THEREIN. TENANT SHALL HAVE THE RIGHT TO ACCOMPANY LANDLORD UPON ANY SUCH ENTRY INTO SECURE AREAS. IF LANDLORD MUST ACCESS SUCH SECURE AREAS IN AN EMERGENCY FOR REPAIRS, MAINTENANCE, HEALTH AND SAFETY ACTIONS, OR OTHERWISE, LANDLORD SHALL USE EVERY EFFORT TO MINIMIZE THE ENTRANCE INTO SUCH SECURE AREAS AND NOTIFY TENANT OF THE NEED TO ACCESS SUCH SECURE AREAS AS IS REASONABLE UNDER THE THEN EXISTING EMERGENCY CIRCUMSTANCES.
(b) 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 Building or the suite number of the Premises; to grant to anyone the exclusive right to conduct any business or render any service in the Building, provided such exclusive right shall not operate to exclude Tenant from the uses 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 hours 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 at any time to exclude or expel any peddler, solicitor, or beggar from the Premises or the Building; 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 shall be prescribed from time to time by Landlord; to reasonably approve the weight, 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 to require all such items to be moved in and out of the Building or the Premises only at such times and in such manner as Landlord shall direct, and in all events at Tenant's sole risk and responsibility; to 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 exterior of the Building; to decorate, alter, repair or improve the Premises, Building and parking facilities, or maintain any service therein, at any time, including the erection of scaffolding, props or other mechanical devices; to shore the foundations, footings and walls of the Building; to do or permit to be done any necessary work in or about the Premises or the Building or the parking facilities or any adjacent or nearby land, street or alley. Any rights so exercised by Landlord shall be without any rebate or abatement of rent to Tenant for any loss of occupancy or quiet enjoyment of the Premises or damage, injury or inconvenience thereof occasioned provided that the business of Tenant shall be interfered with as little as is reasonably practicable.
(c) No graphics, logo, sign, advertisement, or notice shall be inscribed, painted, or affixed on any part of the inside or outside of the Building unless of such color, size and style and in such place upon or in the Building as shall be first designated by Landlord in writing but there shall be no obligation or duty on Landlord to allow any sign, advertisement or notice to be inscribed, painted, or affixed on any part of the inside or outside of the Building. One tenant plaque as well as a panel on the building directory will be provided by Landlord at Tenant's expense. Any necessary revision in the directory will be made by Landlord at Tenant's expense within a reasonable time after notice from Tenant of the change making the revision necessary. No furniture shall be placed in front of the Building or in any lobby or corridor of the Building without the prior written consent of Landlord. Landlord shall have the right to remove all non-permitted signs and furniture, without notice to Tenant, at the expense of Tenant. If Tenant desires additional names to be listed on the Building directory, to the extent space is available thereon after consideration of other tenants' desires, Landlord agrees Tenant shall have the right to list such names at Tenant's sole cost and expense.
Appears in 1 contract
Rights of Landlord. a. Landlord reserves the following rights:
(i) : subject to the terms of Section 10.f, below, to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) ; to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) ; to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) ; to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(v) , provided that the granting of such exclusive right shall not materially and adversely affect Tenant's business operations in the Premises; 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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) and to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. . Without limiting the generality of the provisions of Section 10a10.a., above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building (including including, but not limited to 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, 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 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect (i) Tenant's access to or use of the Premises.
c. , or (ii) the aesthetic appearance of the Premises. In connection with Landlord's (or its agent's) entry into the Premises pursuant to the terms of this Section 10, Tenant shall have the right to have a representative of Tenant present during such entry (except in the event of an emergency), provided that Tenant makes such representative present at the time of Landlord's (or its agent's) entry to the Premises. In connection with Landlord's activities pursuant to this Section 10.b, Landlord will use reasonable efforts not to materially and adversely interfere with Tenant's business operations in the Premises for a prolonged period of time. Notwithstanding anything to the contrary contained herein, if as a direct result of Landlord's activities pursuant to this Section 10.b, the Premises or any portion thereof are rendered untenantable for five (5) consecutive business days and Tenant ceases to use the Premises (or the untenantable portion thereof), then Monthly Base Rent hereunder shall xxxxx proportionately (based on the number of square feet rendered untenantable) as of the sixth (6th) business day after the Premises (or any portion thereof) are rendered untenantable until the Premises or such portion thereof are again tenantable or are again used by Tenant, unless such work performed by Landlord is requested by, or is for the benefit of, Tenant or is required to comply with any applicable law or as a result of any damage caused by Tenant or any employee, contractor, subtenant, assignee or agent of Tenant, in which case no Monthly Base Rent shall xxxxx. Except for injury or death to persons or damage to property caused by the negligence or willful misconduct of Landlord, its agents or employees, Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercisedexercised (except as otherwise expressly set forth in Section 10.b, above), and Tenant shall not be entitled to any set-off or 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. 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. Notwithstanding anything to the contrary contained herein, in connection with any entry by Landlord into the Premises pursuant to this Section 10 (except for any entry necessitated by emergency), Tenant shall have the right to have a Tenant representative accompany Landlord during its entry into the Premises, provided that Tenant makes such representative available at such time. Notwithstanding anything to the contrary contained herein, provided that (i) Tenant (and not any assignee, subtenant or licensee of Tenant (other than a Permitted Transferee)) leases and occupies (i.e. Tenant has not sublet or vacated such space) the entire Premises, and (ii) Tenant is not in default of the Lease, Landlord shall not permit the Building to be named for any other tenant of the Building without Tenant's prior consent. Tenant hereby expressly acknowledges and agrees that the terms of this Section 10.f are for the benefit of Xxxxxx, Xxxxxxxx & Company Incorporated only and shall not be applicable to any assignee, subtenant or licensee of Tenant (other than a Permitted Transferee).
Appears in 1 contract
Rights of Landlord. a. (a) Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's ’s name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's ’s suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by TenantPremises;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "“For Rent" ” signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. (b) Without limiting the generality of the provisions of Section 10a18.a., above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas Common Areas of the Building (including including, but not limited to 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 Common Areas of the Building (including the lobby, hallways and corridors thereof), any mechanical, electrical, water, sprinkler, plumbing, heating, air conditioning and ventilating systems, at any time during the Term of this LeaseTerm. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under the terms of this Section 1018, Landlord shall have the right to access through the 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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 ’s business operation in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's ’s access to or use of the Premises.
c. (c) Except in the event of the negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, but, subject to the terms of Section 16, above, Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's ’s exercise of any rights under this Section 1018, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injuryNotwithstanding the foregoing, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct in no event shall Landlord shall not be liable to Tenant for damages to Tenant's property, business or person to Tenant incurred by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers of Tenant, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's ’s rights under this Section 10 18 are exercised, and Tenant shall not be entitled to any set-off or counterclaims for damages of any kind against Landlord by reason thereof, all such claims being hereby expressly released by Tenant.
d. (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 ’s vaults and safes, in any emergency in order to obtain entry to the Premises. 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.
Appears in 1 contract
Rights of Landlord. a. Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior without notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by TenantPremises;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building, so long as Tenant is not prohibited from conducting its business in the Premises;
(v) to enter the Premises at any reasonable time for inspection upon reasonable prior forty-eight (48) hours notice to Tenant (which notice may be oral), or at any time, time without prior notice, notice in the event of any emergency) for inspection; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signssigns during the last twelve (12) months of the Term; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, 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 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, 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 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 make any such repairs, replacements, alterations, additions or improvements, as well as the right in the course of such work temporarily to close entrances, doors, corridors, elevators or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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. Notwithstanding the foregoing, in the event that, as a result of the exercise by Landlord of its rights under this Section 10b, more than fifty percent (50%) of the rentable area of the Premises is rendered untenantable for more than seven (7) consecutive days, and Tenant ceases to use such untenantable portion of the Premises during the entirety of such period, Annual Base Rent and Additional Rent shall be equitably adjusted (based on the portion of the Premises which is rendered untenantable) beginning on the eighth (8th) day of untenantability until the Premises are no longer untenantable. Landlord shall have the right to install, use and maintain pipes and conduits above the ceilings, under the floors and behind the demising walls in and through the Premises, including without limitation telephone and computer installations, provided that they such pipes and conduits do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Except for injury, loss or damage resulting from Landlord's negligence or willful misconduct, Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. 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.
Appears in 1 contract
Samples: Deed of Lease (Universal Access Inc)
Rights of Landlord. a. Landlord reserves the following rights:
: (i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
; (ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
; (iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
; (iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
; (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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
and (vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Without limiting the generality of the provisions of Section 10a10.a., above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building (including including, but not limited to 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, 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 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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 or clients of Tenant, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. 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.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust III, Inc.)
Rights of Landlord. a. Landlord reserves the following rights:
(i) Subject to change the name or street address Tenant’s reasonable restricted area requirements relating, by way of example, to areas of the Building with thirty (30) days Premises such as “clean rooms,” the vivarium facility and areas in any secured area or which manufacturing occurs, where special clothing and secured entry procedures are required, and subject to prior written notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name except in the Building directorycase of emergency, if any, Tenant shall permit Landlord and Landlord’s agents and any mortgagee under a mortgage or beneficiary under a deed of trust encumbering the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iiiBuilding(s) to have pass keys and/or access cards to containing the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(v) such party’s agents to enter the Premises at any all reasonable time for inspection times, and upon reasonable advance written notice (provided that no advance notice need be given if an emergency [as determined by Landlord in its good faith judgment] necessitates an immediate entry or prior notice to entry to provide routine janitorial services), for the purpose of (a) inspecting the same, (b) maintaining the Building(s), (c) making repairs, replacements, alterations or additions to any portion of the Building(s), including the erection and maintenance of such scaffolding, canopies, fences and props as may be required, (d) posting notices of non-responsibility for alterations, additions or repairs, (e) placing upon the Building(s) any usual or ordinary “for sale” signs and showing the space to prospective purchasers, investors and lenders, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned, and (which notice may be oral), f) placing on the Premises any “to let” or at any time, without prior notice, in the event of any emergency; “to supply any service to be provided by Landlord hereunder to submit lease” signs and marketing and showing the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, 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, tenants at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building within twenty-four (including but not limited 24) months prior 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, plumbing, heating, air conditioning and ventilating systems, at any time during the Term expiration of this Lease. In connection with making any such installations, repairs, replacements, alterations, additions and improvements under This Section 22.1 in no way affects the terms of this Section 10, Landlord shall have the right to access through the Premises as well as the right to take into and upon and through the Premises or any other part maintenance obligations of the Building, all materials that may be required to make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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. 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, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premisesparties hereto.
c. Landlord shall not be liable to Tenant for any expense, injury, toss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. 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.
Appears in 1 contract
Samples: Lease Agreement (Fibrogen Inc)
Rights of Landlord. a. Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, if the name of the Building is changed by Landlord, and such change is not made, directed, or requested by the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's ’s name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's ’s suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or tenants; to post notices of non-responsibility; to affix and display "“For Rent" ” signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Without limiting the generality of the provisions of Section 10a10.a., above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building (including including, but not limited to 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, 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 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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 ’s business operation in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's ’s access to or use of the Premises.
c. Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's ’s exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's ’s rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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 ’s vaults and safes, in any emergency in order to obtain entry to the Premises. 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.
Appears in 1 contract
Samples: Deed of Lease (Iceweb Inc)
Rights of Landlord. a. Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, ; provided that if Landlord changes the name street address of the Building is changed by Landlord, and such change is not mademade by, directed, directed by or requested by by, the postal service or any public, governmental or quasi-governmental authority, then Landlord shall reimburse Tenant for the reasonable costsactual cost of the letterhead, not business cards and other stationary on hand which bears the old address of the Building, but in excess of no event more than Two Thousand Five Hundred Dollars ($500.002,500.00), of any of Tenant's letterhead, stationery and business cards then on hand that bears the old address and cannot be used by Tenant as a result thereof;
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by TenantPremises;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building, provided the granting of such exclusive right shall not materially and adversely affect Tenant’s business operations in the Premises;
(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 any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or purchasers; during the last twelve (12) months of the Term, to submit the Premises to prospective tenants; to post notices of non-responsibility; during the last twelve (12) months of the Term, to affix and display "“For Rent" ” signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Without limiting the generality of the provisions of Section 10a10.a., above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building (including including, but not limited to 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, 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, upon reasonable prior notice to Tenant (except in the event of an emergency, in which case no notice shall be required), have the right to access through the 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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 ’s business operation in the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect (i) Tenant's ’s access to or use of the Premises, or (ii) the aesthetic appearance of the Premises. In connection with Landlord’s activities pursuant to this Section 10.b, Landlord will use reasonable efforts not to materially and adversely interfere with Tenant’s business operations in the Premises.
c. Except for injury or death to persons or damage to property caused by the negligence or willful misconduct of Landlord, its agents or employees, Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's ’s exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx axxxx while the Landlord's ’s rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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 ’s vaults and safes, in any emergency in order to obtain entry to the Premises. 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.
Appears in 1 contract
Samples: Deed of Lease (K12 Inc)
Rights of Landlord. a. Landlord reserves the following rights:
(i) to change the name or street address of the Building with thirty (30) days prior notice or liability to Tenant, provided, however, that if Landlord changes the name address of the Building is changed by Landlord, and such change is not mademade by, directed, directed by or requested by by, the postal service or any public, governmental or quasi-quasi- governmental authority, then Landlord shall reimburse Tenant for the reasonable costs, not in excess actual cost of Five Hundred Dollars ($500.00), of any of Tenant's letterhead, the letterhead and other stationery and business cards then on hand that which bears the old address and cannot be used by Tenant as a result thereofof the Building, but in no event shall such reimbursement exceed an amount equal to Five Thousand Dollars ($5,000.00);
(ii) to approve the design, location, number, size and color of all signs or lettering on the Premises or visible from the exterior of the Premises, provided, however, that Landlord shall provide a single listing of Tenant's name in the Building directory, if any, and the initial Building standard suite identification signage near Tenant's suite entry door at no charge to Tenant;
(iii) to have pass keys and/or access cards to the Premises and key codes or cards for the telephone access system installed by Tenant;
(iv) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building;
(v) to enter the Premises at any reasonable time upon at least twenty-four (24) hours prior notice for inspection upon reasonable prior notice to Tenant (which notice may be oral), or at any time, without prior notice, in the event of any emergency; to supply any service to be provided by Landlord hereunder hereunder; to submit the Premises to prospective purchasers or, during the final twelve (12) months of the Term or at any time during which an Event of Default by Tenant exists hereunder, to prospective tenants; to post notices of non-responsibility; to affix and display "For Rent" signs; and to make repairs, alterations, additions or improvements to the Premises or the Building; and
(vi) to approve the design, location, number, size and color of all signs located on the exterior of the Building.
b. Without limiting the generality of the provisions of Section 10a10.a., above, at any time during the Term of this Lease, Landlord shall have the right to remove, alter, improve, renovate or rebuild the common areas of the Building (including including, but not limited to 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, 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 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 make 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 or other facilities located in the Building or temporarily to cease the operations of any services or facilities therein or to take portion(s) 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 in, or Tenant’s access to, the Premises. Landlord shall have the right to install, use and maintain pipes and conduits in and through the Premises, including including, without limitation limitation, telephone and computer installations, provided that they do not permanently materially adversely affect Tenant's access to or use of the Premises or the layout and improvements of the Premises.
c. Except in the event of Landlord’s negligence or willful misconduct, but subject to Section 12.d, below, Landlord shall not be liable to Tenant for any expense, injury, toss loss or damage resulting from Landlord's exercise of any rights under this Section 10, all claims against Landlord for any and all such liability being hereby expressly released by Tenant. Except for injury, loss or damage to Tenant resulting directly from Landlord's gross negligence or willful misconduct Landlord shall not be liable to Tenant 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, provided, however that in any event Landlord shall not be liable for consequential or punitive damages. The Rent reserved herein shall not xxxxx while the Landlord's rights under this Section 10 are exercised, and Tenant shall not be entitled to any set-off or 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. 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.
Appears in 1 contract
Samples: Office Lease Agreement (Sucampo Pharmaceuticals, Inc.)
